西部少数民族农村多元纠纷解决机制研究——以新疆少数民族农村为例

The Western Minority Rural Multiple Dispute Resolution Mechanism Research:A Case Study of Rural Ethnic Minority in Xinjiang

新疆农村有许多防范和化解纠纷的习惯规则,习惯法调解也成为穆斯林化解矛盾的主要方法,这也刚好解决了司法资源匮乏的难题,但习惯法中也有许多诸如自助等需要法律规范的内容。此外,随着农村法治化进程的推进和人们对法律的认可,诉讼作为解决纠纷的重要手段也已经逐渐为当地民众所接受,主要运用于较大财产的纠纷化解。因此,探究把诉讼和调解完美结合的多元纠纷解决机制,对及时有效地化解农村矛盾有重要的意义。

Xinjiang rural have the habit of many guard against and defuse disputes rules,common law mediation has become the main method of resolving contradictions, Muslim it also solves the problem of lack of judicial resources. But there are many such as self-help in common law need the content of the legal norms, moreover along with the advancement of rural legalization and people recognition of law,litigation,as one of the important ways to resolve the dispute has been gradually accepted by Muslim population,mainly used in heavy property dispute resolving. Therefore,to explore the multiple dispute resolution mechanism of perfect combination of litigation and mediation,to resolve in a timely and effective manner rural contradictions have important significance.