“五位一体”的“大调解”机制:一种自治、法治、德治相结合的社会治理体系——以云南楚雄市“大调解”机制为例

“Five in One” Mechanism of “Great Mediation”:A Social Governance System that Combines Autonomy, Rule by Law and Rule by Virtue——Taking the “Great Mediation” Mechanism in Chuxiong City, Province of Yunnan as an Example

伴随着经济社会的转型,我国社会矛盾纠纷不断加剧、日趋复杂,如何构建一种自治、法治、德治相结合的社会治理体系,将社会矛盾尽可能化解在基层,已成全国性课题。2003年以来,全国不少地方都进行了构建"三位一体"或"四位一体"的"大调解"机制的尝试,然而,这些维稳逻辑下的"三位一体"或"四位一体"的大调解机制已经无法跟上迅速变化的这一时代的步伐。与此同时,地处西南的云南省楚雄市,也通过整合人民调解、行政调解、司法调解、行业协会调解、仲裁调解等资源,构建覆盖城乡、低成本的"五位一体"的"大调解"机制,成为创新社会治理的一种有价值的路径,但该机制的运行仍然存在诸多不足,就本质而言,这一机制虽然已经不再是单纯维稳逻辑下的产物,但必须进行再造,实现由维稳逻辑向社会治理逻辑的彻底转变,使其发展成为一种自治、法治、德治相结合的社会治理体系。

With the economic and social transition, China＇s social contradictions and disputes have been continuously aggravated and increasingly complex.How to build a social governance system that combines autonomy, rule of law, and rule of virtue to resolve social conflicts at the grassroots level as much as possible has become a national issue.Since 2003, attempts have been made in many parts of the country to build a ＂three-in-one＂ or ＂four-in-one＂ mechanism of＂great mediation＂. However, these ＂three-in-one＂ or ＂four-in-one＂ mediators under the logic of stability have been unable to keep pace with this rapidly changing era. At the same time, Chuxiong City, in the southwestern province of Yunnan, has also built a ＂great mediation＂ mechanism covering urban and rural areas, low-cost, and ＂five in one＂, through the integration of resources such as people＇s mediation, administrative mediation, judicial mediation, industry association mediation, and arbitration mediation. The ＂Great Mediation Mechanism＂ has become a valuable path for the governance of innovative societies, but there are still many deficiencies in its operation.In essence, this mechanism is no longer a mere product of logic of maintenance stability. It must be reconstructed to achieve a complete transformation from the logic of maintenance stability to the logic of social governance, making it a social governance system that combines autonomy, rule by law, and rule by virtue.