20世纪40年代晋冀鲁豫边区调解制度实践——以太行区为中心的考察

On the Mediation System in Shanxi-Hebei-Shandong-Henan Border Region in the 1940s:A Case Study of Taihang Area

20世纪40年代晋冀鲁豫边区政府制定颁布了一系列调解法律法规,通过立法形式对以往自发性的调解机制做出了制度性规定,建立起民间调解和官方调解相结合的调解制度,从而使调解成为边区化解纠纷的重要方式之一。从边区司法档案来看,绝大部分纠纷的解决都必须先经过调解环节,只有调解失败后当事人才能提起诉讼。在纠纷调解实践中,调解人往往运用法律法规、地方习惯、情理等多种规则进行纠纷调解。由于调解机制自身缺乏强制性,使得调解需要外在的强制手段作为其支撑,因此,在纠纷解决实践中调解与诉讼相互之间形成了合理的分工、配合和监督关系。

In the 1940 s, the government of the border region of Shanxi, Hebei, Shandong and Henan enacted a series of laws and regulations on mediation, the institution regulation about spontaneous mediation mechanism was made in accordance with the form of legislation. Mediation system combining civil mediation and official mediation was established making mediation an important way to resolve disputes in border areas. Judging from the judicial files of the border areas, most of the disputes must be resolved through mediation. Only after the mediation fails can the parties file a lawsuit. In the practice of mediation of dispute, mediators often use various rules such as laws and regulations, local customs, and rationality to implement the mediation of dispute. The lack of mandatory power of the mediation mechanism made the external coercive means was necessary as its support, so a relationship of reasonable division of labor, coordination and mutual supervision between mediation and litigation was formed in practices.