The People's Mediation System of the Shaanxi -Gansu -Ningxin Border Area during the Anti -Japanese War
November 06, 2023 10:48 Source: "China Social Sciences", November 6, 2023, Issue 2766, Issue 2766: Wang Bofei

Traditional Chinese society is "Emphasis on Blood、Chongyi Declange "thoughts under the influence,Li is greater than law,Civil mediation plays an important role in "stoppage and interest disputes"。Affected by traditional thoughts,Shaanxi -Gansu Ningbian District (hereinafter referred to as the "Border Area") period,Villagers in the border area believe that the book is "grace and righteousness",When encountering disputes, you often find local famous people to negotiate,Try not to hurt "harmony",with clan、Neighborhood、The form of mediation in the township is mainly。Based on this reality,The Communist Party of China has actively promoted the formation of the people's mediation system。

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The production and living needs of the border area and the judicial practice laid the real basis for the formation of the people's mediation system。early 1939,The first Senate of the Border Area adopted the "Policy of the Political Political Police during the Anti -Japanese War of the Shannan -Gansu -Ningxin Border Area",Emphasize through the land -opened land、Construction of water conservancy facilities、Improved farming technology, etc.,Carry out the production and construction of the border area,Protect property rights at the same time、Encourage industrial and commercial development、Abolition of harsh donation and miscellaneous tax。,Agricultural industry and commerce in the border area has made great progress。With the increase of mass production activities,Disputes increased with it,Objectively requires more effective treatment methods。1942,The High Court of the Border Area abolished the arbitrators,and stipulate that you can be from the rural relatives and friends、Neighbors coordinated disputes。1943,The Border District Government promulgated the "Outline of the Implementation Implementation of the Simplified Administration in Shaanxi -Gansu -Ningxin Border Area",The number of government staff, which requires compression to compression,Make it less than the number of residents。The decrease in the number of judicial personnel leads to the backlog of civil dispute cases,The difficulty of solving the dispute through judicial channels increases.,People's mediation thus development。At the same time,Each Anti -Japanese War Base has promulgated laws and regulations on mediation。1941,The Temporary Senate Bet365 app download of Shandong Province announced the implementation of the "Interim Organization of the Shandong Provincial Mediation Committee"。1942,The Government of the Jinchaji Border District announced the implementation of the "Regulations on the Work of the Administrative Village of the Jinchaji Border District",Provides experience for the further development of the people's mediation system。

This period,Border Area Government implements the people's mediation system extensively。1941,The Work Report of the "Shaanxi -Gansu -Ningbian District Government" first discussed the mediation system,The report proposes: "In order to make judicial work deep into the masses,Under the leadership of the township government,From Township Chief、Self -Defense Forces Company Captain、Township Randarin Director Organization Mediation Committee,Each administrative village may be elected by the people's own election、People's Prosecutor,Participate in the People's Mediation Commission for mediation。The establishment of mediation,Full of the parties' voluntary,Can't force it at all,When the parties do not accept the mediation,You can litigation with the county referee。"1943,The "Instructions on the Mediation Mediation" promulgated by the border area emphasized that it is necessary to promote the people's mediation system in the region。June of the same year,"Regulations on the Regulations on the Civil and Penalty Dechat Defense Criminal Citizen Drague of Shaanxi -Gansu -Gansu -Ningxin Border Region" (hereinafter referred to as the "Regulations on the Border Region") promulgated,The institutionalization of mediation work、programmatic enhancement。Subsequent,Instructions of the High Court of the Border District in December issued a letter of instructions for "Pay attention to mediation litigation disputes",Emphasize the necessity of people's mediation work、Important。1944,The Eleventh Meeting of the Senate Council of the Border Region and the Fifth Government Conference of the Border Region Government adopted the "General Establishment of Mediation System,Establishing a rural convention,Proposal to reduce the dispute between people's litigation "。From the second half of 1944 to the end of 1945,The border area has gradually formed a support with government mediation and judicial mediation as a support,Taking social group mediation as auxiliary,People's mediation system based on private mediation。

 Basic concepts

The people's mediation system in the border area not only adheres to the mass line、Volume of the masses,Also adhere to the combination of review,Bet365 app download Not only reflects the purpose of serving the people wholeheartedly,It also reflects the combination of "moral rule" and "rule of law"。

First,Persist in taking the mass line。The people's mediation in the border area actively mobilize the mass investigation disputes in the preliminary investigation,With the resident meeting、Villagers' Conference、Village Review Council, etc.,Participate in the meeting、Discussion、mediation、Arbitration is form,Widely collects the opinions of the masses,Use it as an important support for forming a mediation agreement。To better carry out investigations and mediation work,The border area requires that mediation personnel must establish the concept of serving the masses,Also familiar with local local customs,so as to get closer to the masses。Many mediators take the initiative to help farmers at the time of farming,Enhance the understanding and trust of the masses with actual actions,To get widespread support。On the other hand,The power of the border area gives the masses to disclose and report the illegal behavior,Timely punishment chaos、Changeer for punishment,and require the mediation staff to correct the error in the work in time。The above practice enhances the masses' support for mediation laws and policies。The most typical representative Mazhwu trial in the border area reflects the people、Limin、Concept of convenience,It is the manifestation of the mass line。

Second,Persist in the principle of voluntary voluntary。During the mediation process,Not only pay attention to investigation and research,also respect the wishes of the parties,According to its thoughts、Attitude determines whether to mediate、How to mediate。During the execution of the mediation agreement,Persist in moving with love、Xiao Zhi Yi Li,Active guidance,Eliminates forced execution。Article 7 of the "Regulations on the Border Region" clearly stipulates that regardless of the mediator is government personnel、mass group,All must respect the parties' voluntary principles,Do not force interference。At the same time,Persist in the combination of voluntary principles and persuasion education during the mediation process。Facing the fierce words、Emotional dispute parties,Merchaser patient persuasion,Chen said interest,Detailed Law and Policy,With justice、Reasonable、Objective way,Make it willing to accept mediation。The "second -rate" in the border area will carry out labor transformation,The initiative and validity of the mediation of enhanced mediation with labor education。

third,Adhere to the method Bet365 app download of adjusting and trial。In the early border area, when dealing with civil disputes,Very attached great importance to the role of mediation,Standardized it as a must -have procedure for disputes,The mediation cannot be re -litigant。Township -level cases first via Township、Area、Merbers for the county,The mediation is not available,Enter the county、Division、The trial procedure of the High Court。If there is no mediation plan and records in the original volume of the case, the lawsuit cannot be accepted。Due to the number and quality of the case mediation, it has become an important reference for the work of assessing administrative personnel and judicial personnel,As a result, over -mediation appears to a certain extent。Matson Wu's trial method is affirmed,"mediation as the main、Judgment is supplemented "gradually turning to the combination of trial,No longer stipulates the regulations as a prerequisite for litigation。Dispute parties are unwilling to mediate,or 22 criminal crimes, including 21 crimes and habitual crimes stipulated in the "Regulations on the Border Region",You can directly enter the trial procedure without mediation。This change reflects the concept of people's mediation not only adheres to the people、Mass,Also adhere to the rule of law,Combining "moral rule" with the rule of law,Balance of the wishes of the masses with judicial regulations,and the connection between mediation and litigation,not only exerts the role of mediation,It has also improved the efficiency of litigation。

 Practical results

With the strong promotion of the party's leadership and the border region government,The people's mediation system has achieved positive practical results in the resolution of social contradictions and disputes in the border area。Government mediation developed by the border area、Judicial mediation、Merchants for mass group、Various dispute solutions such as private mediation,Constructing a systematic mediation organization network,County and township regime organizations at all levels will resolve internal contradictions and disputes in the people into daily work,Social contradictions and dispute resolution mechanisms are continuously improved。Practice of the people's mediation system of the border area,Reflected systemic、Times and People's Nature,The same frequency resonance of the party and the border area of ​​the party and the border areas,The benign interaction between the government's policy and law and the public order of the civilian order,Getting excellent social effects,It is a successful model for the bet365 Play online games party to adhere to the mass line in the grassroots governance。

In terms of government mediation,Grassroots area、Township -level government is the main body of implementation。Government organs at the level are close to the grassroots people,Familiar with local customs,Understand the general situation of the grassroots people,It is easier to be accepted by the grassroots people,Easy to carry out mediation work。The district and county government to establish a mediation work conference system and report statistical system,Regular inspections of the execution of the mediation policy,Whether the mediation personnel have infringed the rights and interests of the parties at work、Obstructing the parties to choose the judicial relief situation for supervision。From various districts、Choose people's arbitrators among the township staff、People's inspector,and Township Chief、Self -Defense Forces Company Captain、The person in charge of the mass group as a member of the People's Arbitration Commission,Common to form a mediation committee。In the specific division of labor,County Government Civil Affairs Division as the main government agency of the county -level government mediation,Set the dispatch agency responsible for specific mediation work。For relatively complicated disputes such as cross -regional disputes,Mediation by the Division Commissioner's Office。Village -level folk dispute mediation,Normal order maintenance during mediation、To prevent the order of production and life due to disputes, the township government is responsible for。

In terms of judicial mediation,Court mediation and off -court mediation are the basic form of mediation,The judicial organs are the main body of mediation。In court mediation,The judicial organs are in accordance with the revolutionary base of the "Regulations on the Border Region" and other revolutionary bases,Exercise statutory powers,Guide the parties to reach a settlement,Sign an agreement reconciliation letter and terminate the lawsuit。Mediation outside the court,The court can specify people who are famous locally、Relatives and friends or guilds trusted by the parties、Women's Federation and other civil organizations for mediation,can also authorize the same or lower government to participate in mediation。Disputes within the scope of the power of the court,Article 11 of the Regulations on the Border Region clearly specifies the specific disposal method,The mediation conditions and confession of the parties agreed by the dispute between the disputes of the classics,Signature of the parties to the dispute or seal or seal deposit volume,Bet365 app download Make a mediation transcript,Send to the dispute between the parties to the parties to sign for,Taking this as a case of cancellation of disputes。

In terms of mass group mediation,Mass group organization is the main body of mediation,Composition of the person in the mediation subject,Can be divided into professional mediation organizations and non -professional mediation organizations。Article 4 of the Regulations on the Border Region,The parties to the dispute can ask relatives, friends or people's groups for each party,Immediately review right and wrong,Provide mediation solutions for the severity of the case of the case,persuade disputes Both sides to fight。A mediation committee also set up in the border area,Responsible for specific organizations、Coordinate mass group mediation。With the continuous development of production and construction of the border area,Public and private factories with small hands and small industries continue to grow,The corresponding chamber of commerce organizations and trade union organizations gradually improve,Chamber of Commerce、Trade unions are in terms of mediation business disputes and mediation labor disputes、Disputes in workers play a positive role。

In terms of folk mediation,Mainly relied on the people to resolve disputes by themselves。Affected by the ideological and cultural concepts such as "unsuccessful" and "litigation",mediation complaints are the first choice for people in the eyes of the people。January 6, 1944,The chairman of the then border area, Lin Boqu, proposed at the fourth meeting of the Border District Government Committee,Should reduce civil disputes through voluntary mediation。Border District Government、The High Court and the Civil Affairs Department also pointed out the importance of civil mediation many times。June 1944,The border area government is about popularizing mediation、Summary case、Discovery in the instructions of the Clearance Institute,Because the parties themselves or their relatives and friends know the case most clearly,The most familiar interest relationship,It is also the easiest to get trust,Therefore, civil disputes should be strengthened。

Disputes involved in mediation are often small things that occur on ordinary people,Including "corner dispute" and "adultery、Gambling、Debt、Disposal caused by the livestock and land "and other disputes,But these things are directly related to the vital interests of the masses,Improper disposal will hurt the masses' feelings,Even affecting social order。The establishment and implementation of the people's mediation system of the border area,Avoid bet365 live casino games the masses' "Division Public Hall",Avoid contradiction upgrades,Maintenance of the interests of the masses,Stable social order。For example, 33 pieces of land disputes (civil affairs department) accepted land disputes in Qingxuan County in 1945,A mediation 15 pieces; 14 pieces of marriage disputes,A mediation 12 pieces; 6 pieces of debt disputes,mediation 3 pieces; 5 pieces of acceptance of inheritance disputes,1 of mediation; 6 cases of accepting corner disputes,All mediation solutions。Disputes that have not been resolved,All will be handled by the judicial organs。

Visible,The people's mediation system is in line with public order and good customs,Get the recognition of the masses,Obvious effects on the internal contradictions of the people in the border area in a timely manner。At the same time,The implementation of the people's mediation system not only allows many cases to be resolved before the litigation procedure is started,It also avoided the tedious procedures of dispute disposal,Both the cost of case disposal,also improved efficiency。The border area is the big rear of the Anti -Japanese War,The people's mediation system has strongly consolidated the stability of the order of the border area,Promoting the unity of the masses in the border area,It laid a good foundation for the victory of the Anti -Japanese War。

  (Author is an associate researcher at the Institute of Marriage and Family Law, Renmin University of China)

Editor in charge: Zhang Jing
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