民族地区由于其特有的历史文化传统, 司法手段非为定纷止争的最佳选择, 反而更偏向于适用民间习惯法和民间纠纷解决机制。在民族地区当前的司法实践中, 为避免因严格依法结案而诱发更为严重的危害后果, 民间调解和当事人的真实诉求事实上已经成为审判机关量刑环节隐性的重要考量因素。但是, 这一惯例也使得国家法律与司法制度受到冲击与挑战。 为契合民族地区定纷止争的现实需求, 检察机关积极探索建立 “检调对接”这一新型工作机制, 借由法定正式制度将 “习惯法”与民间调解纳入国家法律体系, 旨在通过当事人双方的良性互动, 从根本上化解矛盾纠纷、修复社会关系。在民族地区推进 “检调对接”机制, 是国家法律对于少数民族传统、“和合文化”的尊重与吸纳, 能够有效化解民族地区司法工作中面临的三对主要矛盾, 包括国家法律与少数民族习惯法之间的矛盾、法律的形式正义与社会效果之间的矛盾和正常司法活动与 “司法缺位”、“二次司法”之间的矛盾。 “检调对接”机制在民族地区的推行在理论和实践上都具备可行性与必要性, 但也面临相应困境与阻力。所以, 应通过具化 “检调对接”机制适用案件类型、 确认 “检调对接”机制下达成调解协议的效力、完善 “检调对接”机制适用法律规范等路径, 以最大限度发挥 “检调对接”机制应有机能。

Due to their unique historical and cultural traditions, judicial means are not the best choice to settle disputes, but prefer to apply folk customary law and folk dispute settlement mechanism. In the current judicial practice in minority areas, in order to avoid the more serious harmful consequences caused by the strict conclusion of cases in accordance with the law, civil mediation and the real appeals of the parties have in fact become an important factor hidden in the sentencing process of judicial organs. However, this practice also causes the national law and the judicial system to be subjected to the shock and the challenge. In order to meet the actual needs of dispute settlement in ethnic areas, procuratorates have actively explored the establishment of a new type of working mechanism of prosecutorial docking, which incorporates customary law and civil mediation into the national legal system through a statutory formal system. The positive interactions between the two parties have fundamentally resolved contradictions and disputes and repaired social relations. Promoting the prosecutorial docking mechanism in ethnic areas is the respect and absorption of national traditions and “harmonious culture” by national laws, and can effectively resolve the three major contradictions faced by the judicial work in ethnic areas, including the contradiction between the national law and the customary law of ethnic minorities, the contradiction between the formal justice of the law and the social effect, and the contradiction between normal judicial activities and “judicial absence” and “secondary justice”. The implementation of the prosecutorial docking mechanism in ethnic minority areas is feasible and necessary both in theory and in practice, but it also faces corresponding difficulties and obstacles. Therefore, it is necessary to specify the types of cases applicable to the prosecutorial docking mechanism, confirm the effectiveness of the mediation agreement reached under the prosecutorial docking mechanism, and improve the application of laws and regulations to the prosecutorial docking mechanism to maximize the function of the prosecutorial docking mechanism.