Empirical Research On Dispute Mediation In Ningxia

Mediation is a legal system with Chinese characteristics.It refers to the voluntary and consensual settlement of disputes by all parties under the leadership of a neutral third party.With the development of market economy,the number of social disputes has increased dramatically,and the content of disputes has become more complex and diversified.A single way of dispute mediation has been unable to meet the needs of society.Ningxia is a multi-ethnic area,with Han,Hui,Dongxiang,Kazakh,Baoan,Salar and Uygur nationalities.Due to the influence of religion,customs,historical geography and other factors,disputes in Ningxia have the same characteristics as those in other areas,but also have their particularities.The main disputes in Ningxia involve ethnic minorities.The content of disputes is more complex and sensitive.Under this special background,the non-governmental dispute mediation mode,Amu mediation,emerged as the times require,and together with the people's mediation,judicial mediation and administrative mediation,constructed the diversification of dispute mediation mode in Ningxia.At present,Amu mediation is widely used in Ningxia.Many cases in practice prove that Amu mediation has indeed played a good role in settling disputes and maintaining social order in Ningxia.However,its development and operation are not smooth.From the current situation,there are the following problems: First,Amu mediation lacks regulation and is arbitrary in implementation;Second,in a certain process,Amu mediation is arbitrary.Thirdly,the characteristics of Amu's mediation,which originated from religion and was superior to the people,made it controversial in the construction of modern rule of law.In view of the current difficulties faced by dispute mediation in Ningxia,the author puts forward the following countermeasures: first,to establish the principles that mediation should follow;second,to straighten out the multi-dispute mediation mechanism,on the one hand,to regulate the mediation of imam,on the other hand,to deal with the relationship between Imam mediation and other mediation;third,to improve the implementation of the law and standardize the customary law of ethnic minorities.Application.It is worth noting that Amu mediation is common in Ningxia,Qinghai,Xinjiang and other minority areas,but its manifestation and influence are different.Based on this,the study of dispute mediation methods in Ningxia is of great significance to the establishment of multi-mediation mechanism in ethnic areas.