乡村治理背景下民族地区民事纠纷非诉解决机制检视

Review of Non Litigation Resolution Mechanisms for Civil Disputes in Ethnic Areas under the Background of Rural Governance

近些年来,我国各地人民法院包括民族地区基层人民法院受理民事纠纷案件的数量一直居高不下,司法审判工作面临比较严峻的挑战。案件积压,给民族地区社会团结与和谐稳定的局势带来不小的压力。为了有效缓解民族地区基层人民法院案多人少的矛盾,应当发挥非诉解决机制的作用来分流案件和及时化解冲突。目前我国民族地区民事纠纷非诉解决机制存在一些问题,如自力救济机制存在失序与无效现象,社会救济机制缺乏应有的法律及政策支持,行政救济机制在处理民事纠纷上不具有终局性导致作用范围有限等,影响了其功能的发挥。该论文通过文献分析、比较分析和法理分析等方法,对非诉解决机制的发展完善提出了对策建议,包括强化自行协商和解的效力、健全调解与仲裁制度、扩大行政救济机制作用范围等,从而更好发挥非诉解决机制在分流化解纠纷、减少法院案件数量、促进民族地区社会平安稳定方面的功效,通过提升民族地区乡村治理水平,助推民族地区的乡村振兴。

In recent years, the number of civil dispute cases received by people's courts throughout China, including the grass-roots people's courts in ethnic areas, has remained high, and the work of the judiciary has faced relatively severe challenges. The backlog of cases has put considerable pressure on the situation of social unity, harmony and stability in ethnic areas. In order to effectively resolve the contradiction between the large number of cases and the small number of officers in the grass-roots people's courts in ethnic areas, the role of non-litigation settlement mechanism should be played to decrease cases and resolve conflicts in time. At present, there are some problems in the non-litigation settlement mechanism of civil disputes in ethnic areas in China, such as the disorder and ineffectiveness of the self-relief mechanism, the lack of due legal and policy support of the social relief mechanism, and the limited scope of the administrative relief mechanism in dealing with civil disputes because of its non-finality, which affects its function. Through literature analysis, comparative analysis and jurisprudence analysis, the paper puts forward countermeasure suggestions for the development and improvement of the non-litigation settlement mechanism, including strengthening the effectiveness of self-negotiation and settlement, improving the mediation and arbitration system, and expanding the scope of the role of the administrative relief mechanism, etc., so as to better utilize the efficacy of the non-litigation settlement mechanism in diverting and resolving disputes, reducing the number of court cases, and promoting the peace and stability of the society of the ethnic area, and promoting rural revitalization by improving the level of rural governance in ethnic areas.