Gansu Province, People's Mediation System In Minority Areas Of Application

"Legal policy for the region in the nation" by the Northwest Nationalities University, chaired by Professor Ma Yuxiang 2008 -2 010 years, "Gansu Provincial People's Procuratorate research topic", Gansu Province, People's Mediation System in ethnic areas is one of the application of sub-topics. The subject aims to research, analysis, demonstration, ethnic areas in Gansu Province to further meet the people's mediation system provides theoretical support to the national laws and regulations when in the minority areas more suitable to adapt to the people, to love. The subject in March 2010 through the acceptance of the Expert Group.On the modern state under the rule of law, national law and customary law conflict, the main part of the development of ethnic and minority legal Xie Tiao's research, many domestic scholars with Guo incisive research and discussion, Jiceng legal workers in their creative work in实践also Tong Yang of concern, but the results of existing theories or less. Mediation is a legal system with Chinese characteristics, has been recognized in many developed countries and learn from. Unfortunately, we advance the process of rule of law, but ignored the local legal resources, mining, solely emphasizing litigation universal, people's mediation gradually be diluted or even marginalized. In this paper, the guidance of Marxist dialectical theory, using law, folklore, human science, statistics and other disciplines of the basic theory and method, by executing at home and abroad, and outside of people's mediation system, advanced practice, to empirical analysis, quantitative analysis and method of combining qualitative analysis, in Gansu Province People's Mediation System in minority areas to adapt to the current situation, problems and reform the way out.This article is divided into seven chapters, one to four chapters and vertical linkages, horizontal comparison method of justification, to clarify the ethnic region in Gansu Province People's Mediation System in the current situation and existing problems, the fifth chapter and folklore from the perspective of legal theory and under the status quo problem feasibility is analyzed, the sixth and seventh chapter combines ethnic areas in Gansu Province, People's Mediation System of the characteristics of the applicability of the program. Innovation of this paper: In this paper, under the guidance of Marxist theory, combining the characteristics of ethnic areas in Gansu Province, presented "clear people's mediation staff in the case range and the establishment of people's mediation agreement of correctly Jie Jue and people's mediation in the judicial relations play a prosecution in the role of people's mediation system "and" people of the region mediator National team building "and so presented a practical solution.