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调解除了包括法院调解、行政调解、人民调解外,尚有未纳入正式制度的民间调解和大调解。在民族地区的司法实践中,大调解即吸纳了民间调解为有机组成部分。在四川凉山彝区,“德古”领导下的民间调解将习惯法与国家法结合起来,把矛盾化解在基层,维持了社会稳定,收到了较好的社会效果,但容易导致正式制度和司法程序被表面化、边缘化。我国应建立规范的民族地区多元化纠纷解决机制,推动民间纠纷解决活动“自下而上”的变革。
In addition to mediation, including court mediation, administrative mediation, people mediation, there are still not included in the formal system of civil mediation and mediation. In the judicial practice in minority areas, the mediation is to absorb the civil mediation as an integral part. In the Liangshan Yi District of Sichuan Province, the civil mediation under the leadership of “Taku” combined customary law with state law, dissolved the contradictions at the grassroots level, maintained social stability and received good social effects, but easily led to the formal system And the judicial process is surfaced and marginalized. China should establish a standardized system of dispute resolution in ethnic areas and promote the reform of “non-governmental dispute resolution activities” from “bottom-up”.