农村人民调解解纷效能变化机理及增效策略——基于“三治”环境的分析框架

人民调解是化解农村社会矛盾纠纷的重要工具,工具效能的高低必然受到环境因素影响。从自治、法治和德治相结合的调解环境出发构建分析框架,对农村人民调解解纷效能变化机理及增效策略展开探讨。研究发现农村人民调解解纷效能最优态势的形成主要缘于自治环境和德治环境相对平衡,法治环境影响力小,且特定的社会背景对法治环境要求低,但原有环境从动态平衡转向暂时失衡,即自治环境嵌入行政,法治环境日渐成熟,德治环境受到破坏,打破了原有环境系统的和谐性,从而降低了农村人民调解解纷效能,导致当前农村人民调解解纷效能难以与20世纪80年代中后期相媲美。新时代国家增强农村人民调解解纷效能需要高度重视调解环境要素,树立自治、法治、德治环境有机平衡的立法理念,坚持农村人民调解村民自治属性,提升农村人民调解员法律素养,引导农村人民调解德治环境回归。

Change mechanism of the rural people's mediation efficiency and synergy strategy: Based on the environmental perspective of "three governance" system

The change in mediation efficiency of rural people is the result of the combined effect of many factors,and the mediation environment is an important perspective to examine the changes in mediation efficiency of rural people.Starting from the mediation environment with self-governance in combination with rule of law and rule of virtues,the article constructs an analytical framework to explore the mechanism of changes in the effectiveness of mediation among rural people.The study found that the formation of the remarkable situation of rural people’s mediation efficiency is mainly due to the balance between the environment of self-governance and virtue,and the environment of rule of law has little influence.However,the original environment of rural people’s mediation has shifted from dynamic balance to temporary imbalance,that is,the environment of self-governance is embedded in administration,the environment of rule of law is gradually mature,the environment of rule of virtue is destroyed,the original environmental system harmony is broken,and the efficiency of rural people’s mediation is reduced.To improve the efficiency of mediation among rural people in the new era,it is necessary to attach great importance to the elements of the mediation environment,make adjustments to the People’s Mediation Law,and achieve an organic balance among self-governance,rule of law and virtues.Promote the rational return of self-governance in combination with rule of law and rule of virtues,so as to adapt to the changes in the environment of rule of law to drive institutional changes.