Study On The Transformation And Application Of Tibetan Folk Mediation

In the context of implementing governance measures from the source of litigation while advancing governance by law,governance at the source,and implementing governance measures from the source of litigation for judicial compliance with national governance to resolve contradictions and disputes and extend it to grassroots prevention and control,discussing as an important way for Tibetans to resolve conflicts and disputes and containing local legal resources The civil mediation of China is just right.The Tibetan folk mediation mechanism originated from the traditional Tibetan legal system culture with profound historical heritage,flows into the localized legal resources of Tibetans,and acts on the competitive game between the advantages of Tibetans’ primitive sentiment and legal resources and the modern spirit of the rule of law.It is not only an important contradiction solution brewed and accumulated in the Tibetan legal culture tradition,but also an important coupling of the Tibetan customary law tradition that represents the relationship between rights and obligations within the Tibetan group is formed during the long-term production,life and legal practice of the Tibetan people.The Guoluo Tibetan Autonomous Prefecture,which is located in the southeastern part of Qinghai Province,in the hinterland of the Qinghai-Tibet Plateau,the source of the Yellow River and the Tibetan-involved areas of Gansu and Qinghai(the junction of the Amdokham culture),and an important part of the Tangbo Ancient Road.The historical remains of the special tribal organization formed under the feudal separatist regime controlled by the head of the "Ashijiang" tribe and historical and realistic situations such as the harsh natural environment,on the basis of long-term resolution of disputes,the Tibetan people in Guoluo Prefecture have gradually agreed to a set of traditions that represent the historical,regional,and ethnic characteristics of the Tibetan group through historical accumulation and inheritance and following the traditions of tribal customs to resolve disputes,and they are different.Dispute resolution method in administrative mediation or judicial mediation-"Siba" mediation.The folk "Siba" mediation in Guoluo Prefecture relies on the localized mediation subject,flexible mediation process,and adjudicative mediation conclusions as its characteristics.through the "vertical triangle structure" transformed into "horizontal linear structure" and the "individual——team" mediation transformed into the "team——team" interactive mediation procedural construction art,relying on character advantages,cultural advantages,language advantages,and emotional advantages,the original authority and the advantages of sentiment and law resources are transformed in the practice of dispute mediation into an interactive mediation program operation art in which multiple elements of "physics——reason of thing——sense——legal principle" superimposed and nested.The person who resolves disputes,the basis for dispute resolution,and the mechanism for dispute resolution are the important elements of the Tibetan folk mediation mechanism and the core factor of the dispute resolution field where the resources of sense and law mutual game.The leap from tradition to modernity,legal system to rule of law,is bound to be a journey of transformation of folk mediation and other traditional mediation mechanisms.So,is Tibetan folk mediation or "Siba" mediation a revival or a transformation? History and practical experience tell us:Tibetan folk mediation gathers Tibetan Buddhist Buddhism,Tibetan ethics,Tibetan customs,Tibetan customary law and national laws and regulations,and so on.The folk "Siba" mediation in Guoluo Prefecture has been interactively applied during the transformation.The transformation and application of Tibetan folk mediation is the process of interaction and game between Tibetan ethics,customs,Tibetan customary law and national laws in dispute resolution.Then,how can the "Siba" mediation intend to achieve a benign interaction between civil norms and national laws in the transition and application?In view of this,taking the "Siba" mediation in Guoluo prefecture,which integrates the advantages of original law resources and modern rule of law elements in Tibetan folk mediation,as a research entry point,taking the "Siba" mediation transformation and application as the main line from the perspective of the field of dispute resolution,Through the exploration of its concept,transformation and applicable legal situation in the origin of Tibetan folk mediation,as well as the origin,meaning,characteristics,dispute resolution basis and procedural art of "Siba" mediation;"Siba" mediation the status quo of multi-dimensional transformation,interaction,and application effects in the transformation and application;During the transformation and application of "Siba" mediation,the comprehensive quality of the mediation team is low,the misunderstanding of rationality and the application of national laws,the non-standard nature of mediation increases the unpredictability of mediation results,the institutional reform makes mediation advantages diminished and other dilemmas.The tension between mediation literacy and new disputes,the game between folk norms and national laws,and the confrontation between originality and legalization are the evolutionary tracks that characterize the flow of difficulties.Therefore,on the basis of the possibility and limits of the legalization of folk mediation,from the dimensions of the dispute resolver,the applicable norms for dispute resolution,and the structure of the dispute resolution mechanism itself.It is proposed to establish a composite folk mediator access standard by absorbing the Tibetan rural sages,etc.Standardize the process of folk mediation with measures such as "incorporating the applicable regulations of mediation into village rules and regulations",use the method of "determining the compensation amount in a case" to optimize the mediation results of the "four·four" system classification screening mechanism and the "four·three" system interactive determination procedure,and according to the types of disputes,the diversified adjustment path of the Tibetan "convergence of litigation and mediation" mechanism is optimized by "defining the scope of mediation based on disputes",so as to make the "Siba" mediation with the advantages of original situation and law resources gradually reach the rule of law The trajectory of transformation has been gradually adapted and integrated with national laws,and it has contributed to the benign interaction between localized legal resources and modern rule of law elements in the construction of the rule of law in Tibet-related areas.