Research On "Degu" Mediation In Liangshan Yi Autonomous Prefectur

Mediation is a non litigation dispute resolution method with Chinese characteristics to resolve conflicts and eliminate disputes.As a multi-ethnic country,most ethnic groups in China have their own traditional mediation methods.The "Degu" mediation is the main means for the Yi people in Liangshan Yi Autonomous Prefecture to resolve conflicts and disputes.It is a full-time mediator for the Yi people,"Degu",who mediates conflicts and disputes among the Yi people based on the customary laws formed by the Yi people for thousands of years,and holds a high position among the Yi people.As a valuable traditional local governance resource,"Degu"mediation has a good mass foundation and can mediate disputes in a timely manner.The mediation results are highly accepted by the Yi people and have a high execution rate.However,as a primitive traditional dispute resolution method for the Yi people,it inevitably has some shortcomings.With the advancement of the modernization of the rule of law in the Yi ethnic area,the effectiveness of traditional "De Gu" mediation has been greatly reduced.However,due to other means of resolving conflicts and disputes being unable to adapt well to the traditional customs and habits of the Yi ethnic group,the role of other means has also been limited in the Yi ethnic area.How to remould "Degu" mediation is vital for effectively resolving conflicts and disputes in Yi ethnic areas.Liangshan Prefecture has innovatively launched three new "Degu" mediation models,namely the specially invited "Degu" people’s mediator model,the specially invited"Degu" people’s assessor model,and the "Degu" mediation association member model.They have played a positive role in resolving conflicts and disputes among the Yi people,stabilizing social order in the Yi region,and promoting the integration of customary law into national law.This article systematically elaborates on the emergence,authoritative sources,and development summary of the traditional "Degu",and divides the article into five parts.The introduction section summarizes and explains the research background and significance of this article,collects and organizes relevant research at home and abroad,and introduces the research methods of this article.Chapter 1 takes the traditional concept of "Degu" as the core,and first defines the concept of "Degu" from different perspectives of conceptual interpretation;Secondly,the background of the emergence of "Degu" was analyzed,and it was concluded that it has a long history and has a profound impact on the Yi people;Then it discusses that the Yi family branch system is the guarantee of the authority of "De Gu" mediation and the realization of Yi customary laws,and collects and organizes some Yi customary laws and related cases;Finally,by analyzing the above content,it is concluded that traditional "Degu" mediation has the advantages of good social foundation,timely mediation of disputes,high execution rate of mediation results,as well as the disadvantages of limited types of mediation disputes,excessive economic consumption during the mediation process,and weak warning effect of mediation results.Chapter 2 mainly introduces the emergence and development status of the new type of "Degu" mediation.Firstly,based on the advantages and disadvantages of the traditional "Degu" mediation mentioned above,combined with the current situation of conflict and dispute resolution in the Yi ethnic area of Liangshan Prefecture,the inevitability of launching the new type of "Degu" mediation is analyzed;Then,it summarized the three new "Degu" mediation models currently in existence in Liangshan Prefecture and their development.Chapter 3 summarizes and analyzes the problems existing in the new type of "De Gu" mediation.Due to the fact that the new type of "Degu"mediation is transformed from traditional "Degu" mediation,some of the historical flaws inherent in traditional "Degu" mediation have not been effectively resolved.Firstly,the Yi customary law applicable to the new type of "Degu" mediation still has binary opposition to national law;The second issue is that the "Degu" mediation itself has problems such as outdated training mechanisms.Chapter 4 proposes corresponding improvement suggestions for the problems existing in the new type of "De Gu" mediation.Firstly,it is necessary to strengthen the positive interaction between Yi customary law and national law,reducing the binary opposition between the two;Secondly,talent is the primary resource,and the construction of a new type of "De Gu" mediation team should be improved to provide intellectual support for the new type of "De Gu" mediation;Thirdly,we should strengthen the new type of "De Gu" and multi-party linkage to form a joint force for resolving conflicts and disputes.In short,as a traditional governance resource in the Yi region,"Degu"mediation has a natural advantage in resolving conflicts and disputes among the Yi people.How to make it play a better role in the context of social governance under the rule of law is of great significance.This article aims to make a certain contribution to the further construction of a new type of "De Gu" mediation that not only conforms to national laws and regulations but also reflects the customs and habits of the Yi people in the Yi ethnic area of Liangshan Prefecture through the above discussion and analysis.