In traditional Chinese society, “righteousness is more important than profit、Under the influence of the thought of "Chongyi and devaluing profits",Rites are greater than law,Private bet365 bonus code louisiana plays an important role in “stopping lawsuits and settling disputes”。Influenced by traditional thoughts,Shaanxi-Gansu-Ningxia Border Region (hereinafter referred to as the "Border Region") period,Villages in the border area believe that going to court is a "severance of kindness",When encountering disputes, they often find local famous people to negotiate,Try not to hurt the "harmony",With clan、Neighborhood、The main forms of bet365 bonus code louisiana such as rural areas。Based on this realistic situation,The Communist Party of China has actively promoted the formation of the people’s bet365 bonus code louisiana system。
Development status
The production and living needs and judicial practice of the border areas have laid a realistic foundation for the formation of the people’s bet365 bonus code louisiana system。Early 1939,The First Council of the Border Region passed the "Political Program of the Shaanxi-Gansu-Ningxia Border Region during the Anti-Japanese War",Emphasize land reclamation through land reclamation、Building water conservancy facilities、Improved farming techniques, etc.,Carry out production and construction in border areas,Protect property rights at the same time、Encourage industrial and commercial development、Abolition of exorbitant taxes and miscellaneous taxes。Afterwards,The agricultural industry and commerce in the border areas have made great progress。With the increase in mass production activities,Disputes increased,Objectively, a more effective processing method is required。1942,Border District High Court abolished the arbitrator organization,It also stipulates that relatives and friends in rural areas can、Neighbor coordination dispute。1943,The border region government promulgated the "Implementation Outline for Streamlining Administration in the Shaanxi-Gansu-Ningxia Border Region",It requires reducing the number of government staff including judicial personnel,Make it less than the number of residents。The reduction in the number of judicial personnel has led to a backlog of civil dispute cases,The difficulty of resolving disputes through judicial channels increases,People’s bet365 bonus code louisiana develops。Meanwhile,Each Anti-Japanese War base area has successively promulgated laws and regulations on bet365 bonus code louisiana。1941,The Shandong Provincial Provisional Council promulgated and implemented the "Shandong Provincial bet365 bonus code louisiana Committee Provisional Organizational Regulations"。1942,The Shanxi-Chahar-Hebei Border Region Government announced and implemented the "Regulations on bet365 bonus code louisiana Work in the Administrative Villages of the Shanxi-Chahar-Hebei Border Region",Provides experience for the further development of the people’s bet365 bonus code louisiana system。
This period,The border region government extensively implements the people's bet365 bonus code louisiana system。1941,The "Shaanxi-Gansu-Ningxia Border Region Government Work Report" discusses the bet365 bonus code louisiana system for the first time,The report states: “In order to make judicial work reach the masses,Under the leadership of the township government,By the township head、Self-Defense Force Company Commander、The township anti-rape director organizes a bet365 bonus code louisiana committee,Each administrative village may elect a people's arbitrator by the people themselves、People’s Procurator,Participate in the People’s bet365 bonus code louisiana Committee for bet365 bonus code louisiana。Establishment of bet365 bonus code louisiana,Based entirely on the voluntariness of the parties involved,There can be no reluctance,When one party refuses to accept bet365 bonus code louisiana,You can file a lawsuit with the county referee。” 1943,The "Instructions on Popularizing bet365 bonus code louisiana" promulgated by the Border Region emphasizes the need to promote the people's bet365 bonus code louisiana system throughout the region。June of the same year,The "Regulations on bet365 bonus code louisiana of Civil and Criminal Matters in the Shaanxi-Gansu-Ningxia Border Region" (hereinafter referred to as the "bet365 bonus code louisiana Regulations of the Border Region") was promulgated,Institutionalization of bet365 bonus code louisiana work、Programmatic enhancement。Subsequently,In December, the Border District High Court issued an instruction letter on "Pay Attention to bet365 bonus code louisiana of Litigation Disputes",Emphasis on the necessity of people’s bet365 bonus code louisiana work、Importance。1944,The 11th meeting of the Permanent Meeting of the Border District Council and the 5th Government Affairs Conference of the Border District Government passed the "Universal Establishment of bet365 bonus code louisiana System",Enter a village convention,Proposal to effectively reduce people’s litigation disputes。The second half of 1944 to the end of 1945,The border area has gradually formed a system supported by government bet365 bonus code louisiana and judicial bet365 bonus code louisiana,Assisted by social group bet365 bonus code louisiana,People’s bet365 bonus code louisiana system based on folk bet365 bonus code louisiana。
Basic philosophy
The people’s bet365 bonus code louisiana system in the border areas adheres to the mass line、Voluntary by the masses,Also insist on combining investigation and trial,Not only embodies the purpose of serving the people wholeheartedly,Also embodies the combination of "rule of virtue" and "rule of law"。
First,Adhere to the mass line。The people’s bet365 bonus code louisiana in the border area actively mobilized the masses to assist in the investigation of disputes in the preliminary investigation and research,Residents’ Meeting、Village Meeting、Relying on the Village Council and others,To attend the meeting、Discussion、bet365 bonus code louisiana、Arbitration is a formality,Extensive collection of public opinions,Use it as an important support for forming a bet365 bonus code louisiana agreement。To better carry out investigation, research and bet365 bonus code louisiana work,On the one hand, the border area requires mediators to establish the concept of serving the masses,You also need to be familiar with the local customs,In order to get closer to the masses。Many mediators take the initiative to help farmers during the busy farming season,Enhancing people’s understanding and trust with practical actions,Thus gaining widespread support。On the other hand,The border area gives the masses the power to expose and report the mediator’s illegal behavior,Timely punishment for random beatings、Mediator of arbitrary punishment,And require the mediator to correct errors in the work in a timely manner。The above practices have enhanced public support for bet365 bonus code louisiana laws and policies。The most representative trial of Ma Xiwu in the border area embodies serving the people、Benefit the people、The concept of convenience,It is the embodiment of the mass line。
Second,Adhere to the principle of voluntariness。During the bet365 bonus code louisiana process,Not only focuses on investigation and research,Also respect the wishes of the parties involved,Based on his ideas、Attitude determines whether to mediate、How to mediate。During the execution of the bet365 bonus code louisiana agreement,Insist on moving with emotion、Xiao Zhi Yi Li,Positive guidance,Put an end to enforcement。Article 7 of the "Border Area bet365 bonus code louisiana Regulations" clearly stipulates: regardless of whether the mediator is a government employee、Mass groups,The principle of voluntariness of the parties must be respected,No forced interference。At the same time,Adhere to the principle of voluntariness and combine persuasive education in the bet365 bonus code louisiana process。Faced with fierce words、Emotional dispute parties,The mediator patiently persuades,State the pros and cons,Detailed explanation of laws and policies,With justice、Reasonable、Objective way,Make them willing to accept bet365 bonus code louisiana。Reform through labor the "second-rate people" in the border areas,Enhance the initiative and effectiveness of bet365 bonus code louisiana through labor education。
Third,Adhere to the combination of investigation and trial。When dealing with civil disputes in the early border areas,Attach great importance to the role of bet365 bonus code louisiana,Stipulate it as a necessary procedure for dispute resolution,Restart litigation if bet365 bonus code louisiana fails。Township-level cases go to the township first、District、County mediates,bet365 bonus code louisiana failed,Re-enter the county、Chamber、High Court Trial Procedure。If the original case file is not accompanied by a bet365 bonus code louisiana plan and records, the lawsuit cannot be accepted。The quantity and quality of case bet365 bonus code louisiana once became an important reference for evaluating the work of administrative personnel and judicial personnel,Resulting in excessive bet365 bonus code louisiana to a certain extent。After Ma Xiwu’s trial method was affirmed,“bet365 bonus code louisiana is the main thing、"Trial as supplement" gradually turns to investigation and trial combination,bet365 bonus code louisiana is no longer required as a prerequisite for litigation。The parties to the dispute are unwilling to mediate,Or it may fall into 22 criminal offenses including 21 crimes and habitual crimes stipulated in the "Border Area bet365 bonus code louisiana Regulations",You can enter the trial process directly without bet365 bonus code louisiana。This change reflects that the concept of people’s bet365 bonus code louisiana not only adheres to the people’s nature、Mass nature,Still insisting on the rule of law,Integrate "rule of virtue" with the rule of law,Balancing the will of the masses and judicial regulations,And realize the connection between bet365 bonus code louisiana and litigation,It also plays the role of bet365 bonus code louisiana,It also improves the efficiency of litigation。
Practical results
Under the leadership of the party and the vigorous promotion of the border region government,The people’s bet365 bonus code louisiana system has achieved positive practical results in resolving social conflicts and disputes in the border areas。Government bet365 bonus code louisiana developed in the border area、Judicial bet365 bonus code louisiana、bet365 bonus code louisiana by mass groups、Various dispute resolution mechanisms such as private bet365 bonus code louisiana,Built a systematic bet365 bonus code louisiana organization network,Political organizations at all levels in counties and townships will incorporate the resolution of internal conflicts and disputes among the people into their daily work,The social conflict and dispute resolution mechanism continues to improve。The practice of people’s bet365 bonus code louisiana system in border areas,Reflects systematicity、The nature of the times and the nature of the people,Realized the resonance of the will of the Party, the border region government and the people of the border region at the same frequency,Realized the positive interaction between the government’s policies and laws and civil society’s public order and good customs,Achieved excellent social results,It is a successful example of the party adhering to the mass line in grassroots governance。
In terms of government bet365 bonus code louisiana,Grassroots district、The township-level government is the main body of implementation。Government personnel at this level are close to the grassroots people,Familiar with the local customs,Understand the general situation of the grassroots people,Easier to be accepted by grassroots people,Facilitates bet365 bonus code louisiana work。The border area requires the district and county governments to establish a bet365 bonus code louisiana work conference system and a reporting and statistical system,Carry out regular inspections on the implementation of the bet365 bonus code louisiana policy,Whether the mediators have violated the rights and interests of the parties during their work、Supervise situations that prevent parties from independently choosing judicial remedies。From various districts、Elect the people’s arbitrator from among the township staff、People’s Inspector,And the township chief、Self-Defense Force Company Commander、Heads of mass organizations and others serve as members of the People’s Arbitration Committee,Jointly form a bet365 bonus code louisiana committee。On the specific division of labor,The Civil Affairs Section of the County Government serves as the main agency for bet365 bonus code louisiana work at the county level,Set up a dispatched agency to be responsible for specific bet365 bonus code louisiana work。For relatively complex disputes such as cross-regional disputes,bet365 bonus code louisiana by the Divisional Commissioner’s Office。Village-level civil dispute bet365 bonus code louisiana,And maintain normal order during bet365 bonus code louisiana、The township government is responsible for preventing disputes from affecting production and living order。
In judicial bet365 bonus code louisiana,Court bet365 bonus code louisiana and out-of-court bet365 bonus code louisiana are the basic forms of bet365 bonus code louisiana,Judiciary is the main body of bet365 bonus code louisiana。In court bet365 bonus code louisiana,The judicial authorities follow the laws and regulations of the revolutionary base areas such as the "Border Area bet365 bonus code louisiana Regulations",Exercising legal powers,Guide the parties to reach a settlement,Sign the agreement and settlement and terminate the litigation。In out-of-court bet365 bonus code louisiana,The court may appoint a prominent local person、Relatives, friends or guilds trusted by the parties involved、Women’s Federation and other non-governmental organizations mediate,Governments at the same level or lower levels can also be authorized to participate in bet365 bonus code louisiana。For disputes within the jurisdiction of the court,Article 11 of the "Border Area bet365 bonus code louisiana Regulations" clearly stipulates specific disposal methods,That is, the bet365 bonus code louisiana conditions and confessions agreed by both parties to the dispute should be stated,Signed and sealed or fingerprinted by the parties to the dispute,And prepare bet365 bonus code louisiana transcript,Sent to both parties to the dispute for signature,Canceling the dispute case based on this。
In terms of mass group bet365 bonus code louisiana,Mass group organizations are the main body of bet365 bonus code louisiana,Based on the composition of the bet365 bonus code louisiana subject,Can be divided into professional bet365 bonus code louisiana organizations and non-professional bet365 bonus code louisiana organizations。Article 4 of the "Border Area bet365 bonus code louisiana Regulations",Both parties to the dispute can invite relatives, friends or public organizations,Comment on the merits immediately,Provide bet365 bonus code louisiana solutions based on the priority of the case,Coax both parties to the dispute to reconcile。The border area has also established a bet365 bonus code louisiana committee,Responsible for specific organizations、Coordinate mass group bet365 bonus code louisiana。With the continuous development of production and construction in the border area,Public and private factories, mainly small handicrafts and small industries, are growing,Corresponding chambers of commerce and labor unions are gradually improving,Chamber of Commerce、Trade unions mediate commercial disputes and mediate labor disputes respectively、Played an active role in disputes among workers。
In civil bet365 bonus code louisiana,Mainly rely on the people to resolve disputes on their own。Influenced by ideological and cultural concepts such as "no lawsuit" and "putting the lawsuit aside",bet365 bonus code louisiana and settlement of lawsuits are the first choice in the eyes of the people to settle disputes。January 6, 1944,The then Chairman of the Border Region Government Lin Boqu proposed at the fourth meeting of the Border Region Government Committee,Voluntary bet365 bonus code louisiana should be used to reduce civil disputes。Border District Government、The High Court and the Civil Affairs Department have also repeatedly pointed out the importance of private bet365 bonus code louisiana。June 1944,Border District Government on popularizing bet365 bonus code louisiana、Summary of legal cases、Instructions for cleaning up the prison stated in the letter,Because the parties themselves or their relatives and friends know the whole story of the case best,The stakes are the most familiar,It is also the easiest to gain trust,Therefore, civil bet365 bonus code louisiana should be strengthened in civil disputes。
The disputes involved in bet365 bonus code louisiana are often trivial matters that happen to ordinary people,Including "quarrels" and "adultery"、Gambling、Debt、Disputes caused by animals trampling on crops and land,But these matters are directly related to the vital interests of the people,Improper handling will hurt the feelings of the masses,Even affect social order。The establishment and implementation of the people's bet365 bonus code louisiana system in the border area,Avoiding “litigation” by the masses,Avoided escalation of conflicts,Safeguarded the interests of the masses,Stabilized social order。For example, in 1945, the First Section (Civil Affairs Section) of Qingjian County accepted 33 land disputes,Mediated 15 cases;Accepted 14 marriage disputes,Mediated 12 cases;Accepted 6 debt disputes,bet365 bonus code louisiana 3 cases;Accepted 5 inheritance disputes,bet365 bonus code louisiana 1 case;Accepted 6 cases of verbal disputes,All resolved through bet365 bonus code louisiana。Unresolved dispute,All matters will be handed over to the judicial authorities。
Visible,The people’s bet365 bonus code louisiana system complies with public order and good customs,Accepted by the masses,It has produced obvious effects in resolving internal conflicts among the people in the border area in a timely manner。Meanwhile,The implementation of the people's bet365 bonus code louisiana system not only allows many cases to be resolved before the start of litigation procedures,It also avoids the cumbersome procedures of dispute resolution,It not only reduces the cost of case disposal,Also improves efficiency。The border area is the rear area of the Anti-Japanese War,The people’s bet365 bonus code louisiana system has effectively consolidated the stability of order in the border area,Promoted the unity of the people in the border area,Laid a good foundation for the victory of the Anti-Japanese War。
(The author is an associate researcher at the Institute of Marriage and Family Law, School of Law, Renmin University of China)
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