凉山彝族的民间纠纷解决模式“说中间”探析

The Folk Dispute Resolution Mode in the Yi Nationality of Liangshan District

"说中间"是凉山彝族的民间纠纷解决模式,它适合于凉山彝族的原因主要有三方面:一是彝族当事人的习惯;二是调解人物"德古"本身的魅力;三是乡土社会的影响;其中最主要原因是第一个。"说中间"这种纠纷解决模式,具有如下特点:在社会监督之下进行,程序公正;依彝族习惯法调解,以"搁得平"为原则;"一审终审",效率高,易执行;彝族当事人自愿付调解费等。"说中间"这种民间纠纷解决模式对于加强法制建设、和谐社会建设具有一定的参考价值。

＂Persuasion between Two Parties＂ is a folk dispute resolution mode in the Yi nationality of Liangshan district. The mode which is propitious to the Yi nationality is because of three aspects. Firstly, it is the habit of the local people, which is the main reason of the solution; secondly, it is the charm of the mediator called ＂Degu＂; thirdly, it is the influence of the local society. This folk dispute resolution mode has four characteristics. First, the justice procedure is done under the society supervisor; second, the dispute is solved by the custom law of the Yi nationality; third, the first judgment means the final judgment which is easy to carry out and effective; and last, the local people voluntarily pay the intermediation fee. To some extent, this mode has a referential value in strengthening law construction and building a harmonious society.