"Pomegranate seeds" mediation breeds flowers of national unity

The judge and the "pomegranate seed" mediator went to the ethnic village school to carry out legal popularization propaganda The Mani Court of the Xuyong County Court provided a picture

Xia Feni, yang yuanlu, a full-media reporter of this newspaper

　　Xuyong County, known as the "Three Provinces of Jiming", is the largest county inhabited by ethnic minorities in our province, with a humanistic scene of "ten miles of different winds and hundreds of miles of different customs", and is also facing the problem of frequent disputes between ethnic minorities. In recent years, the Xuyong County Court has perfected the mechanism for resolving disputes in ethnic minority areas, pioneered the "Pomegranate Seed" diversified dispute resolution brand in the country, and taken the lead in setting up a mediation studio for ethnic minority villages in the province, exploring a characteristic path of deep integration of grass-roots governance and ethnic unity.

　　Recently, the "Pomegranate Seed" mediation brand recommended by the Xuyong County Court was selected for the first "Sichuan Court Reform and Innovation Award". Previously, the Mani Court of The Xuyong County Court was commended by the State Council as a "Model Collective for National Unity and Progress". "Promote the peoples to hug together like pomegranate seeds". As early as 2017, the Xuyong County Court took the Mani Court as a pilot to open a special exploration of the resolution of contradictions and disputes in ethnic minority areas. After years of exploration and development, the Xuyong County Court has formed a contradiction mediation mechanism of "integration of two laws" and a linkage mechanism of "pomegranate seed mediation studio + professional judges + village sages", so that the "Fengqiao experience" in the new era has taken root in ethnic minority areas and embarked on an innovative road of great ethnic unity in Wumeng Mountain.

　　Admission

　　In-depth promotion of "pomegranate seed" mediation brand building

　　Explore the characteristic path of deep integration of grassroots governance and national unity

　　The Xuyong County Court has perfected and perfected the mechanism for resolving disputes in ethnic minority areas, created the "Pomegranate Seed" diversified dispute resolution brand in the country, and took the lead in setting up a mediation studio for ethnic minority villages in the province to substantively resolve contradictions and disputes in ethnic minority areas, the reform information has been successively adopted by the SPC, the Provincial Party Committee Deep Reform Office, and the Provincial High Court, and the reform experience has been selected into the SPC's "Typical Experience and Practice Cases of Diversified Dispute Resolution Mechanism" in 2021, and has been written by the Provincial High Court into the 2020 "Two Sessions" work report. The reform model was promoted by the Provincial High Court throughout the province, and the research results "The Realistic Path of People's Court Litigation Source Governance under the Background of Rural Revitalization Strategy" were appraised as excellent and published by the Provincial Law Society.

　　The integration of the two laws of innovation has closed the case

　　Wei and Yang are both villagers of the Shuiluan Yi ethnic group in Xuyong County, and the relationship is very good on weekdays, but not long ago, the two families were unhappy because of an accident. Yang took the tricycle driven by Wei's son to work in a neighboring village, the road was slippery on the way, the tricycle overturned, causing Yang to be injured, and the follow-up treatment caused more than 3,000 yuan in medical expenses. Yang's claim was unsuccessful, and he took away one of the cultivating cattle of the Wei family in a fit of anger, and the two sides went to court.

　　"The facts in this case are clear, and a judgment on the return of the cattle can be clearly made, but if the judgment is simply made, it will not solve the problem at all, but it will leave a lot of hidden dangers in the enforcement link." Li Zhonglin, president of the Mani Court, told reporters that in view of this, the undertaker invited Zhao Kaihua, the mediator of "Pomegranate Seed" (the local patriarch and Yi mediator "Degu"),) to participate in the mediation.

　　The patriarch came forward, and the two sides were half relieved. After several rounds of talking and reasoning, the two sides quickly reached an agreement: Wei would compensate Yang for 3,000 yuan in medical expenses, and Yang would return the Wei family to cultivate cattle. However, after the written agreement was written, the two sides were unwilling to sign, at this time, the old patriarch asked Yang to take out three bowls of wine, according to national customs, the three parties drank a bowl and smashed the bowl to the ground, and then the two sides signed to honor.

　　Talking about the proper resolution of this dispute, Li Zhonglin told reporters that the biggest highlight of the "pomegranate seed" mediation is the innovative "integration of the two laws", that is, the national law and the "customary law of ethnic minorities" as the basis for mediation.

　　According to reports, in the process of exploring the mediation method of "pomegranate seeds", the United Front Work Department (Minzong Bureau) of the Xuyong County CPC Committee and Syria

　　The Yongxian court determined the "three noes" criterion, that is, "not to violate the mandatory provisions of laws and regulations, not to violate public order and good customs, and not to violate social morality" . On this basis, the "Pomegranate Seed" mediation room has thoroughly sorted out, studied and searched for the commonality of customs and habits in ethnic minority areas and national laws and regulations, and collected and identified a number of "customary laws of ethnic minorities" that are universally binding, fair and credible.

　　"In cases where the laws of individual countries are not clearly stipulated, we use the content of the 'Customary Law of Ethnic Minorities' as the basis for mediation, and use methods such as Degu guarantee wine and ethnic sacrifice customs to promote the parties to reach a settlement agreement." Li Zhonglin said that mediation should realize "the conclusion of the case, the conclusion of the matter, and the people" and fully protect and safeguard the legitimate rights and interests of the ethnic minority masses.

　　The data shows that since the exploration and establishment of the "pomegranate seed" mediation model, Xuyong County has successfully mediated 1440 disputes, and the success rate of dispute resolution has increased significantly.

　　Three teams are formed to bring together diverse and multi-disciplinary forces

　　Zeng Mou is a 65-year-old Miao compatriot living in a community in Mani Town, Xuyong County. Not long ago, because the grain, vegetables and trees planted on his own land were damaged, Zeng Su a real estate company in Xuyong sued the court.

　　According to Rao Lanlan, the judge who undertook the case, considering that a real estate company in Xuyong was willing to mediate, the case was entrusted to Xiang Wenchang, a mediator of the "Pomegranate Seed" mediation studio, for mediation.

　　"I am also a Miao, and the nostalgia of the countryside quickly narrowed the distance between me and Uncle Zeng." Xiang Wenchang told reporters that at the beginning, Zeng was more emotional and proposed a compensation amount of 50,000 yuan, which was obviously not very reasonable, "Later, I stabilized Uncle Zeng's emotions through heart-to-heart talks, and at the same time clarified the corresponding laws and regulations, and explained to Uncle Zeng that the required losses must be within a reasonable and legal range." In the end, Zeng agreed that a real estate company in Xuyong would compensate a total of 4,000 yuan for the loss fees and reclamation fees of BIBS within the scope of its losses.

　　In the "pomegranate seed" mediation team, there are many mediators who, like Xiang Wenchang, are ethnic minorities. According to Li Zhonglin, in cases involving ethnic minorities, there are not many cases in which mediation has reached an impasse due to language communication and other obstacles, "for this reason, we have selected local ethnic minority representatives, village social cadres, and other village sages who are upright, fair," and convinced by the masses to serve as 'pomegranate seed' mediators, narrowing the psychological distance between the ethnic minority masses, obtaining psychological recognition, and promoting the smooth mediation of disputes."

　　In Li Zhonglin's view, in resolving contradictions and disputes in ethnic minority areas, borrowing local culture, using local sounds and nostalgia, and relying on local methods has the effect of doing more with less. This concept is reflected in the formation of three teams, including the case-handling team, the jury team and the mediator team, which brings together the vitality of diversified dispute resolution.

　　As early as March 2017, when the Xuyong County Court determined that the Mani Court had jurisdiction over ethnic minority dispute cases in the county, it dispatched 7 ethnic minority cadres and policemen to form a professional case-handling team to have jurisdiction over ethnic minority dispute cases in the county and carry out circuit trials. When the Mani court established the jury team, it appointed 26 representatives of ethnic minorities as people's assessors in accordance with the form of "recommendation by the 'two committees' of townships, towns, and ethnic villages + assessment by the political and legal committee, the court, the United Front Work Department, the Civil Affairs Bureau+ and the appointment of legal procedures", so as to enhance the psychological identity of the parties of different ethnic groups. In addition, the Manichaean Court conducts more than 2 trainings in mediation skills and legal knowledge for selected "pomegranate seed" mediators every year, using the comprehensive advantages of combining professionalism and national feelings to promote the efficient resolution of disputes.

　　It is worth noting that the mediation of "pomegranate seeds" also clearly states that the source of contradictions and disputes should be managed. "We have also strengthened ethnic unity and rule of law guidance through rule of law publicity, enhanced the rule of law concept of ethnic minorities in a subtle way, and promoted ethnic minority compatriots to believe in the law, understand the law and abide by the law." Li Zhonglin said.

　　At present, the local exploration and establishment of a linkage mechanism of "pomegranate seed mediation studio + professional judges + rural sages" has been explored and established in Xuyong County to promote the accurate and convenient resolution of disputes in ethnic minority areas. According to the data, since 2017, the Manichaean court has concluded 874 cases involving ethnic minorities, with a judgment-deferred litigation rate of 99.2%; ethnic minority people's assessors have participated in 828 jury cases and assisted in the enforcement of 352 cases, and the psychological identity of parties of different ethnic groups has been enhanced.

　　< Conclusion >

　　Originated in Xuyong, sublimated in Sichuan, famous throughout the country. Looking back at the growth path of "pomegranate seed" mediation, this is the succession of the judges of the Xuyong County Court to maintain fairness and justice, and it is also the accumulation of steps to protect the cause of national unity and progress.

　　Reform is always on the way. In the next step, the Xuyong County Court will strengthen communication and cooperation with the United Front Work Department of the county party committee, the county justice bureau, the township and other departments, further strengthen the construction of the "pomegranate seed" mediation position, improve the institutional mechanism, actively expand the brand influence of the "pomegranate seed", consolidate and deepen the effectiveness of litigation source governance, and provide more high-quality service guarantees for grass-roots social governance and rural revitalization.