西南民族地区多元纠纷解决机制研究

在市场经济的大潮冲击下,西南民族地区社会纠纷解决机制呈现出数量繁多、机制复杂,传统解决机制作用弱化等现象。在新时期,西南少数民族地区多元纠纷解决机制的构建中,应该坚持调解组织与法院审判两大体系为中心,具体是人民调解组织必须坚持运作机制上的非国家性,纠纷解决过程和形式上要体现非司法特点;司法机关运作机制上要体现国家性,解决过程中遵循严格形式主义和法治主义;治安调解机制应采取严格的"法治"主义,即"严格的依法而为"。在传统纠纷解决机制上应正视、承认传统纠纷解决机制的补充作用,采用不同途径和机制让传统纠纷解决机制成为此地区纠纷解决有机部分。

A Research on Multiple Dispute Resolution Mechanisms in the Southwest Minority Region

With the rapid development of market economy,social dispute resolution mechanisms in the southwest minority region present many phenomena like numerous amount,complex mechanism,the role of the traditional resolution mechanism being weakened,etc..In a new phase,constructing multiple dispute resolution mechanisms in the southwest minority region should stick to centering on two systems of mediation organization and court trial,the details of which are as follows:people’s mediation organizations must adhere to avoiding national power in operational mechanism and must have the feature different from judicature in the process and form of dispute resolution;the judiciary needs to reflect national power in operational mechanism and adhere to the strict formalism and the principle of rule by law;public order mediation system should adopt the strict principle of "rule by law",that is,"deed absolutely in accordance with law".Regarding the traditional dispute resolution mechanism,the supplementary role it plays should be treated seriously and admitted,and various ways and mechanisms should be adopted to make it play an indispensible part in dispute resolution in this region.