Study On "Social Court" In Benli Village Qiandongnan Prefecture Guizhou Province

Qiandongnan Prefecture of Guizhou Province is the most concentrated area of Miao and Dong nationalities in China.In recent years,the court system of this prefecture has closely revolved around the two characteristics of nationality and mountainous areas,extended the judicial service for the people,insisted on combining the rule of law with the mass line,and explored the multi-resolution mechanism of contradictions and disputes with the characteristics of mountainous areas.In August 2012,the Rongjiang County People's Court innovated and practiced a diversified dispute resolution mechanism,and established a "social court" in the village.As a "social court" in Benli village where Dong people live together in underdeveloped mountainous areas in Western China,the research has important theoretical and practical value for the resolution of social contradictions and disputes at the grass-roots level and the governance at the grass-roots level in ethnic minority villages with the same type of economic,social and ethnic conditions.In addition to the "introduction" and "conclusion",this paper is divided into five chapters.The introduction part mainly introduces the reason and value of the topic selection,the research summary of "social court" and the research methods of this paper.Benli Village is far away from Rongjiang County Town,rich in mountain forest resources,semi-farming and semi-working mode of villagers family economy,thick Dong culture,and the two committees of village branches play a leading role in village affairs.Chapter "Establishment of Benli Village's Social Court".Benli Village "Social Court was established by the Rongjiang County Peopled Court in carrying out the task of judicial reform of the Supreme Peopled Court and in the process of innovating and practicing the diversified dispute resolution mechanism,using the "Social Court" of Henan Higher Court for reference.Chapter 2 "The Field of Benli Village's Social Court".Based on the theory of social field,this paper analyses the relationship between the "social court in Benli village and the village regulations,the two committees of village branches and the Rongjiang court.The analysis shows that one of the important bases for Benli Village's"social court" to mediate disputes is village regulations and people's agreements,which are closely related to the two committees of village branches and are guided by the people's court of Rongjiang County.Chapter 3 "The Orientation of Benli Village's Social Court The essential attribute of "social court" in Benli village is people's mediation organization.According to the criteria of functional areas,its functions can be divided into legal functions,political functions and social functions.Among them,the legal function includes dispute resolution function,legal publicity and education function,crime prevention function;political function includes social mobilization function,political publicity function,grass-roots governance function;social function includes promoting and combining traditional culture function,ethical and moral education function.Chapter 4 "Benli Village's Social Court operation".Benli Village "Social Court"Dispute Mediation Procedure It involves the way of starting and the principle of mediation.Start-up mode includes initiative start-up and application start-up.Mediation of disputes follows the principles of equality,voluntariness,legality and respect for the rights of the parties.Benli village's "social court" mediation strategy includes the combination of principle and flexibility,and paying equal attention to rationality and law in the fine resolution of disputes.Chapter 5 "Benli Village's Social Court mediation dispute type analysis".Focus on the most difficult and most difficult to mediate in Benli village,mountain forest disputes,family and marriage disputes and other types of disputes were analyzed and interpreted,and the reasons for the flow of Benli village disputes to the "social court"were studied.The research shows that the mountain forest disputes in Benli village are frequent and difficult to mediate,because of both historical reasons and realistic economic interests.The frequent divorce disputes in Benli village indicate that the value of family marriage in rural areas has changed under the background of the transformation of national system and the intensification of social changes.The social characteristics of rural acquaintances in Benli village and the villagers cost-benefit analysis of dispute settlement are the reasons why the dispute flows to the "social court" in Benli village."Conclusion:Grass-roots governance towards pluralistic co-govemance".The establishment of "social court" by the people's court is a practice in which the people's court participates in the Pluralistic Dispute Resolution mechanism,sinks the judicial antenna to the grass-roots level,and incorporates the civil society dispute resolution subject into the dispute resolution system constructed by the court so as to improve the level of social contradiction dispute resolution and the legalization of grass-roots governance.For the settlement of social eontradictions and disputes at the grass-roots level and the future trend of grass-roots governance,we should organically combine the two practical paths of "comprehensive governance of social security under the leadership of the Party and government" and "the rule of law at the rural level under the leadership of the court ",fully introduce the grass-roots social governance resources,adopt the way of multi-mediation outside litigation and interlinking litigation and multi-subjects.We should jointly build a grassroots governance pattern with the Party-government leadership,judicial supports mass participation,division of labor and cooperation and progressive hierarchy.