弱者的诉讼:过程与策略

运用参与观察、访谈法，对一起业主委员会诉讼开发商民事纠纷案进行了法社会学考察。在充分展现原告寻求法律、准备案件材料及庭审过程的同时，重点分析了相对弱势的原告方及其代理律师的行动策略。研究发现，在没有明确法律规定时，处于弱势的当事人在不同的法律阶段，始终维持对律师有限度的信赖感，保有自身对法律的理解和认识，并形成了两种不同的策略来实现自己的利益诉求：一是通过寻找法外力量，如借助媒体造势寻求力量平衡；二是控制出庭人员结构以及庭审情境。弱者的诉讼策略对型塑其法律意识有重要作用。

TheProcedureoftheWeak:ProcessandStrategy

In this paper, the author observed a civil case about a proprietor committee prosecuting the developer in Hubei province from a legal sociology standpoint through participant observation and interview. This paper presented the whole process of the case, including seeking legal help, preparing materials of the case and courting, while at the same time, the author concerned in the acts and strategies of the plaintiff the relative weak groups. They insisted on their understand- ing and recognition about law, relying on lawyers limitedly in every single period of the case. The weak groups were found to develop two patterns of strategies. Firstly, they tried to resort to medium for balancing their force against the strong group. Secondly, they controlled the structure of representatives＇ composition when courting and built a context which was favorable for them. Such kinds of strategies were quite important for development of the week＇ s legal consciousness.