人民调解在乡村治理中的运行困境与完善进路——以H省A村为例

Challenges and Pathways for People's Mediation in Rural Governance:A Case Study of“A”Village in“H”Province

随着乡村振兴战略的深入实施,人民调解作为社会矛盾纠纷化解机制,在乡村治理中的重要性愈发凸显,成为法治实践与理论研究的焦点。从治理方式、资源及目的的角度分析,人民调解与现代乡村治理均强调多元主体协同治理、整体性治理,依托自治、法治、德治“三治融合”,旨在维护社会与经济秩序,构建和谐社会。通过H省A村的实地考察,发现人民调解相较于正式化机制的认同度有所下降,虽在调解组织、队伍、流程建设上取得一定成效,但主要局限于化解人情主导关系纠纷,且A村人民调解存在参与主体固化致使解纷能力不足、相关配套制度及支持不够完善,以及难以化解财产权主导关系纠纷等问题。为此,需要坚持共建共治共享理念,构建“一核多元”解纷新格局,以提高解纷能力;充分利用乡村治理资源,构建“三治融合”解纷新模式,以加强相关支持;践行新时代“枫桥经验”,构建“三调联动”解纷新体系,以化解新型纠纷,从而推动乡村治理向更高水平发展。

With the deepening implementation of the rural revitalization strategy,the importance of people's mediation as a mechanism for resolving social conflicts in rural governance has become increasingly prominent,which has become the focus of both legal practice and theoretical research.Analyzing from the perspectives of governance methods,resources,and objectives,both people's mediation and modern rural governance emphasize the coordination of diverse stakeholders and holistic governance,relying on the integration of the"three governance systems"of self-governance,rule of law,and moral governance,aiming to maintain social and economic order and build a harmonious society.Through on-site investigations in village A of Province H,it was found that the acceptance of people's mediation compared to formalized mechanisms has declined.Although some progress has been made in the construction of mediation organizations,teams,and processes,it is mainly limited to resolving disputes dominated by personal relationships.Moreover,issues such as the lack of dispute resolution capacity due to the solidification of participating entities in people's mediation in village A,inadequate related supporting systems and support,and difficulties in resolving disputes dominated by property rights persist.Therefore,it is necessary to adhere to the concept of co-building,co-governing,and sharing,to construct a new pattern of"core and elements"for dispute resolution,in order to enhance dispute resolution capabilities,fully utilize rural governance resources,establish a new model of"integration of three governance systems"for dispute resolution,strengthen relevant support,practice the"Fengqiao Experience"in the New Era,establish a new system of"three-linkage mediation"to resolve new disputes,and thus promote rural governance to a higher level of development.