Research On The Mediation System In The Shanxi-Gansu-Ningxia Border Region

Mediation aims to resolve disputes through consultation to achieve the goal of calming people down,getting along in harmony,and maintaining social stability.Mediation,as a means of dispute resolution,is rooted in China's legal tradition.In the long historical period of traditional China,mediation has always been an important official way to resolve civil conflicts and disputes,and it has even been placed above the formal judicial trial.The mediation system in the Shanxi-Gansu-Ningxia Border Region is a brand-new branch that derives from the roots of this legal tradition.It is the inheritance,development and innovation of the traditional Chinese mediation system by the Communist Party of China in the revolutionary years.The formation and development of the mediation system and practice in the Shanxi-Gansu-Ningxia Border Region has been used by two factors: tradition and reality.First,due to the traditional Chinese society's rural autonomy model,a mindset of “no litigation” and “fear of litigation” has existed among the people for thousands of years.China's traditional small-scale peasant economic model has a significant impact on the Shanxi-Gansu-Ningxia Border Region,which is still in the rural society,and it has to be considered in the design and selection of dispute resolution models.The process of social transformation in Yongbyon District has led to a large increase in disputes.This has created a strong tension with the border area's already weak judicial capacity,and this contradiction is destined to be ineffective in the age of revolutionary war when the living environment is extremely bad and resources are tight.To solve the problem,the Chinese Communist Party is eager to explore a new model of social governance to ease the pressure of social governance.Therefore,on the basis of fully absorbing and drawing on the traditional social governance model and effectively revitalizing the existing social governance resources in the base areas,the mediation in the Shanxi-Gansu-Ningxia Border Region,a brandnew social governance model,has stepped onto the stage of history.The mediation in the Shanxi-Gansu-Ningxia Border Region is a social governance model involving the participation of the whole people in mediation under the leadership of the Communist Party of China and the border region government.In the early regime building process of the Chinese Communist Party,a method of combining top-down political mobilization and bottom-up political participation was adopted.Under the leadership of the Communist Party of China,by guiding the people to participate in the democratic politics and economic construction of the border area,the people's political enthusiasm was aroused.Based on the principle of democratic centralism,the border area government organized the people in the border area and stimulated the people's enthusiasm for production and resistance.The most extensive social mobilization has avoided the problem of "involution of state power" that appeared in the sinking of the Kuomintang government's power.In this process of social organization,mobilization,and integration of border areas,the Communist Party of China has cultivated a large number of new-style elites and new-style grassroots organizations(social groups).The new-style elites replaced the old-style elites to become the leaders of rural society.They have great appeal,are role models in rural society,and they have won the support and support of the masses.The new grassroots organizations have further weakened the influence of traditional social organizations such as clan organizations and family organizations in rural society,and completed the organizational process of border society again.Both new elites and new grassroots organizations have become important resources for the Communist Party of China to conduct rural social governance.It promotes new grassroots organizations and new rural elites to actively participate in mediation,which greatly expands the Communist Party's governance space in border communities and realizes the widest range of mediation work.Covering,so that the tentacles of power penetrate every corner of rural society.In the mediation of the Shanxi-Gansu-Ningxia Border Region,what has attracted the most attention of many scholars is the symbol of people's justice—Ma Xiwu trial method.In judicial mediation,Ma Xiwu earnestly implemented the mass line and used a combination of trial and mediation,which eased the tension between legal ideals and legal practice,and objectively promoted the development of mediation in the ShanxiGansu-Ningxia Border Region.There are multiple governance technologies in the Ma Xiwu trial method,which expands the function of justice.It breaks the inherent mode of judicial trial.The “body presence” and “judicial square” judicial governance strategies and concepts represented by it have been established as models.The shaping of models and the production of symbolic resources have further shaped and condensed judicial identity and constructed political legitimacy.Officially,through the promotion of the Maxi Fifth Trial in the Shanxi-Gansu-Ningxia Border Region and other base areas,a spiritual revolution was quietly initiated in the areas controlled by the Communist Party of China,which made the Communist Party of China more stable in the border areas.The establishment of Ma Ma Xiwu trial method represents the birth of a new social governance concept and a new judicial model.Mediation in the Shanxi-Gansu-Ningxia Border Region is not only an effective means to make up for the insufficient supply of judicial resources and resolve social disputes and conflicts,but also a powerful weapon to participate in rural social governance and transform the people's thinking in the border areas.It has played an irreplaceable role in implementing the party's line and policies.In the new era,the influence of mediation in the Shanxi-Gansu-Ningxia Border Region is still influential,ranging from the "Fengqiao Experience" in Zhuji,Zhejiang to the "Longshan Experience" in Yongkang,Zhejiang,and from the "Comprehensive Management of Social Security" to "Great Mediation".The potential impact of the mediation system in the Shanxi-Gansu-Ningxia Border Region can still be seen in the typical innovative social governance practices and dispute resolution models.We should fully tap the essence of its social governance,adhere to the fundamental interests of the people,uphold and strengthen the party's leadership,and implement the principle of grassroots democracy and autonomy.The social governance model innovation promotes the participation of social organizations in social governance,and cultivates the main body of rural governance to achieve diversified governance.