[author]GAO Qicai

[content]

GAO Qicai

Academic member of the Institute of Chinese Law and Society, Shanghai Jiao Tong University

Abstract: On-site observation in legal sociology means that an investigator visits the community of the observed target and relevant legal activities, gets to know their specific operation and internal legal significance. Participatory observation is especially suitable for the study of the social and cultural back ground reflected by the legal norms and order of human society, and the development process of events, cases or activities, normative form and the relationship between people and events from the perspective of insiders rather than outsiders．After deciding to carry out participatory observation, the investigator needs to make some preparations in advance and draw up the field work plan of participatory observation. The investigator needs to determine the content, emphasis and time order of observation, handle the relationship between participation and overall observation, arrange the relationship between simple observation and individual interview, coordinate the relationship between observation and record, and avoid the omission of observation as much as possible.

Key words: sociology of law; field; field observation; law event

Field site observation is one of the main research methods in sociology of law. Clarifying the significance of field observation in sociology of law, exploring the characteristics of field observation in sociology of law, discussing the preparation of field observation in sociology of law, analyzing the content of field observation in sociology of law, and pondering the difficulty of field observation in sociology of law are not only extremely important to the smooth implementation of field observation in sociology of law, but also very necessary for the improvement of research methods and the construction of methodology of sociology of law, and the promotion of the process of Chineseization of sociology of law.

1. The significance of field observation in sociology of law

"Field", "Modern Chinese Dictionary" interpreted as "field and wilderness". Field survey "rooted in the soil and water of Chinese social reality, to feel the pulse of various forces in Chinese social reality". Investigation and research is to understand the actual situation, obtain first-hand materials, through the discovery of facts, reproduce the scene, reproduce the process, to understand the whole picture and the truth of the facts, and to provide basic materials for scientific research to be analyzed. Sociology of law highlights the status of field and emphasizes the significance of field investigation in sociology of law. The Chineseization of sociology of law needs more field investigation and empirical research. In the sociology of law field investigation, as far as possible in the field site for on-site investigation that is participatory observation. The investigator needs to go to the community of the object of observation and related legal activities, to observe and investigate in the participation of specific legal events and activities, to understand its specific process and norms, and to understand its function and meaning.

On-site observation is a type of direct observation linked to field research and carried out by the investigator in a natural place. It is the most commonly used research method in anthropological and ethnographic research, and should also be the most commonly used research method in legal anthropology and legal sociology survey research. Daily life involves a great deal of implicit legal knowledge, these practical and effective norms are implicitly made, often unspeakable, and the investigator learns about the implicit legal meaning and meaning of the law by observing people's social behavior. Field observation is a comprehensive, in-depth description of a particular legal norms, legal operation, legal order, legal cultural phenomena, it has no specific theoretical assumptions in advance, and it is also difficult to obtain information through other methods, so it is necessary to carry out long-term observation within the field of investigation and research, to summarize the main characteristics of the object of study from a large number of phenomena, to analyze the way of constructing its legal significance and behavioral interactions, and to understand the real world of law.

Sociology of law field site can present vivid normative scenarios, bring vigorous order vitality, show the unique charm of individual cases, feel the rich flavor of life, experience the strong social pulse, and can leave the investigator with a deep first impression and warm human feelings, thus providing the basis for sociology of law research.

The field site of sociology of law field observation is a natural scene, real and objective, non-artificial arrangement, no human intervention, far from hard fabrication, overflowing with spontaneity, naturalness. The field site is a life scene, which is the presentation of people's daily life, and the activities related to clothing, food, housing and transportation carried out by the people around the survival and development, which is characterized by secular life. The field scene is a social scene, which is the embodiment of the relationship between people formed by members of a certain social group based on certain interests and needs, reflecting the social interaction and manifesting the social function. The field scene is a vivid scene, lively but not rigid, messy but not dull, colorful but not monotonous, and full of vitality. From a certain point of view, only through the careful observation of the field site, sociology of law investigation and research has practical value and academic significance.

2. Characteristics of on-site observation in the field of sociology of law

Field observation in sociology of law fieldwork is applicable to research in almost every field of sociology of law. Investigators using field observation methods can describe what happened, the people or things involved, the time and place of the incident, the process and reasons for the occurrence, that is, to answer the questions of when, where, to which objects, in which way or ways, according to what norms, in accordance with what procedures, and how and why it happened. On-site observation method is especially suitable for studying the social and cultural background embodied in human social law norms and legal order, and studying the development process, normative form, and the relationship between human beings and events from the perspective of insiders rather than outsiders.

On-site observation requires the investigator to really enter the observed field, to be regarded as a part of this observation scene, to feel and understand from inside the observed scene, and to show the characteristics of internal perspective. When the investigator conducts on-site observations, he or she is often not simply an investigator who moves away from what is going on, but rather, as a participant in a specific matter, he or she conducts observations and investigations.

Sociology of law field investigation in the field observation is often unstructured observation, nonstructured observation. It does not always have clear objectives, specific questions, a defined scope, does not follow a pre-prepared observation plan as well as a rational design, does not have standardized characteristics, and is not controllable.. In the case of poor understanding of the subject of the investigation, the investigator needs to observe the situation of the field site. Some legal events, such as sudden disputes, especially need to improvise and adjust the observation plan in time.

Field observation contains both direct observation in which the investigator is in direct contact with the person being observed, relying on his or her own senses, and indirect observation without direct contact between the investigator and the observed but only indirect contact, mainly by the use of certain instruments or other technical means as an intermediary to examine the object of observation. Investigators usually use direct observation, eyes to see, ears to hear, mouth to talk, hands to note.

When conducting some investigations and studies that do not involve special content, special groups, or special situations, the identity of the investigator is usually made public, and open on-site observation is carried out. The advantage of this approach is to inform the respondents and indicate the identity of the researcher, with a view to obtaining informal channels of understanding or formal channels of cooperation, however, its limitation is that the respondents, once they learn that they are under the attention of the investigator, may intentionally change their words and deeds in the process of being observed, which, to a certain extent, affects the accuracy of the on-site observation. While for some such as suspected criminal groups, some marginalized special groups, "Public Security Bureau, Public Prosecutor's Office, Courts" and other state institutions or prisons and other specific investigation, research field observation may be covert, with observational identity of investigators not necessarily disclosed.

On-site observation in sociology of law fieldwork, which is often carried out "without preconceptions", provides the best method of obtaining the true facts of law as they actually exist in society. It is easier to get closer to the respondents,  to the nature of causality, to the truth of the underlying relationship. It does not destroy or affect the original structure and internal relationships of the object under observation, thus enabling the acquisition of material about deeper structures and relationships.

Sociology of law field observation is time-consuming, requires a large investment in human and material resources, and must rely on the understanding and support of the respondents. It may also be difficult to carry out the survey at the initial stage due to misinformation and psychological resistance from "small groups" or "cliques" among the respondents, or it may lead to the results of the study being affected and misled. At the same time, the use of sensory organs to collect data is prone to "observer bias"; the subjective factors of the investigator, such as improper handling will also affect the objectivity of the observation; the information obtained often lacks credibility, i.e., lack of reliability; as a method of research, its procedures are unclear, observation is not systematic, and the data are difficult to quantify, The results of the research are not reproducible. Investigators need to be aware of this.

3. the Preparation of field observation of sociology of law field

After determining to carry out field observation, the sociology of law field investigator needs to make certain preparations in advance, such as reviewing relevant literature on this topic, searching for relevant information, understanding the relevant research in the academic world, and carrying out certain theoretical reserves and thinking.

A more important preparation is to draw up a fieldwork plan for field observation. This plan should include the time, place, environment, events, themes, characters, processes, procedures, specifications, results, etc. of the field observation, as well as the investigators of the participatory observation and their division of labor, equipment such as cameras and video cameras, and materials, transportation, and accommodation. The plan should be as detailed and comprehensive as possible.

When making preparations, the investigator needs to carefully disassemble the field elements to be observed, think carefully about the specific tasks and main purposes of this field observation, and establish certain assumptions. If possible, the investigator can ask those familiar with the event that will be involved in the observation to make a preliminary understanding, in order to determine the key people, key links and other key elements of the observation, and set the desired objectives of the survey.

If the investigator is unfamiliar with the observation site, it is necessary to familiarize oneself with it in advance through questioning and other means. If possible, it is best to go to the relevant occasions in advance for pre-observation, familiar with the environment of the observation site, and it is also possible to identify oversights and gaps in the preparation process.

If it is a previously visited and more familiar site environment, it is advisable for the investigator to recall a number of details of previous investigations, to find a sense of familiarity and refine the plan prepared. This familiar site may have been observed before, but the subject and content of the observation may be different, and the people being observed may not be the original subjects, so there is still the problem of unfamiliarity. Sometimes, even though fieldwork has been conducted for many years and there have been many on-site observations, except for one or two households that have been the subject of many observations, most of the others are the first time, and each time they are faced with the problem of understanding, cooperation, and support from the subjects of the observations.

It is important to note that even the best laid plans cannot be fully aligned with the actual process on the ground, and it is necessary to have a flexible mindset, leave some room for flexibility, and make certain adjustments at the right time. Although the preparation may not be perfect, but it should be as full as possible, since this is an important preliminary work for field observation in sociology of law and is the basis for field observation.

4. the content of sociology of law field field observation

Sociology of law field research field observation often enters the field site "without preconceptions"., but this is not aimless, since the investigator begins his observations with a particular sociological theme of law, such as dispute resolution and marriage formation norms, and it becomes clearer as the investigation proceeds.

After entering the observation site, the investigator first needs to pay attention to the space of the site, such as cities, towns or villages; plains, mountainous areas or water towns; whether the residential area is the center or the edge, indoor or outdoor, one indoor or more indoor, one outdoor or more outdoor; to understand clearly what may be done indoors, and what arrangements are made outdoors, so as to have clear understanding of the place where the observed legal events, cases, and activities take place, i.e., the geographic environment, building structure, etc. At the same time, the investigator needs to figure out the characters in the observation site, separate the main characters from the secondary characters, understand their respective duties, rights and obligations, determine their respective positions in the legal events, legal activities, and their mutual relations, and observe the decision-making and domination relations between them. Critically, the field investigator of sociology of law must focus on the basic process and progress of legal events and activities according to the theme of field observation, understand the normative basis and specific performance of people's behaviors in legal events and activities, observe the development direction and the relationship between legal events and activities, pay attention to the connection between legal procedures, rituals and results, and explore the general situation of the people's social life of the people from which it originated.

In general, the investigator in the field observation needs to determine the content, focus and time order of observation, deal with the relationship between participation and comprehensive observation, arrange the relationship between purely eye-watching and individual interviews, and coordinate the relationship between observation and recording, so as not to be busy and lose sight of the whole.

In the field, the investigator needs to move with the observed, listening and watching what they say and do in close mutual contact. The investigator needs to identify the main people he or she is following and observing, focusing on their activities throughout.

In the field observation process of sociology of law fieldwork, the investigator needs to record in a timely manner through various means. The investigator's field observation is mainly at any time to record the observation of the situation, and supplemented by photography. In recent years, in addition to taking photos and videos, some people also use voice recorders to record, and sometimes for convenience, they record in the "file transfer assistant" of their cell phones. The transcripts are mainly about the time, place, identity of people, events or activities, interviews, etc., and are mainly about the facts, but some of them are also about one's own feelings and memos to remind oneself. Transcripts during participatory observation must focus on the priority of facts, focusing on recording exactly what happened at the scene at that time, and recording in detail what was seen and heard. Depending on the circumstances at the field site, the investigator's notes need to be as timely as possible.

Every evening of the field observation, after the investigator has finished the day's observation, he or she should take advantage of the time when the experience and memory are still clear to record, review and reflect comprehensively on the whole day's observation to sort out the whole day's observation, and record the facts in a comprehensive, complete and specific way. If more than one person is conducting the investigation together, they need to communicate with each other about specific facts and feelings. The evening's summary needs to add the facts in a complete manner and some reflection to provide the basic framework and preliminary conclusions for the subsequent comprehensive analysis. Investigators should also document and organize the written materials and photographs obtained from the day's on-site observations, so that they can be more easily analyzed and used in the future.

To summarize, the goal of observation in the field is to gain a comprehensive understanding and grasp of legal events and activities, to examine in depth the conditions, logic and significance of the occurrence of legal events and activities, as well as the function of the law in society, to gain a true qualitative grasp of the actual operation of the law, and to make detailed and comprehensive records.

Conclusion

The integration of the investigator is always an issue when conducting field observations in sociology of law fieldwork. Perhaps the investigator can never be integrated into the field, because the observer of sociology of law fieldwork is seen as both an acquaintance and an Other. The problem of integration is both a natural limitation, in that the otherness of the investigator, the outsider, is absolute and unchangeable. There are also limitations of the investigator's own factors such as perception, ability and experience It is always difficult and regrettable to know the scene and to understand what is happening there.

Many legal events, legal cases or legal activities in the scope of sociology of law are complex, with diverse relationships and many characters, and many scenes are carried out at the same time, which requires that when the investigator enters the field of sociology of law to conduct on-site observation, he or she should have a basic understanding of the legal behavior, legal events, and legal activities in advance, and clearly define the main scenes and time schedule of the observation, and try his or her best to overcome the difficulties. Considering that in many rural areas, local customary laws are still the social norms of villagers' behavior, and the resolution of conflicts and disputes requires people who have prestige in local society and are familiar with local customs. Of course, the sociology of law field observation also faces language, financial and other difficulties that need to be overcome and solved by the investigator.

Sociology of law fieldwork field observation is a highly practical activity, which requires the investigator to arrange the relationship between pre-preparation, mid-term observation and post-summarization, deal with the time between objective observation and subjective interview, determine the relationship between comprehensive observation and focused observation, and continuously accumulate experience. It is also meaningful to master the observation penetration theory of American scholar Hansen and the observation learning theory of American scholar Albert Bandura, which is equal to on-site observation. At the same time, investigators need to constantly summarize the basis of theoretical reflection, to answer the "what", "why" and "how" of the sociology of law fieldwork field observation, explore The investigators need to answer the "what", "why" and "how" of fieldwork observation in sociology of law, to explore the general law of fieldwork observation in sociology of law, to construct the Chinese model of fieldwork observation in sociology of law, and to promote the Chineseization of sociology of law.