Yi Disputes And Dispute Resolution Studies

At present, on the theme of research of dispute, many strongly influential theory results were formed by the joint efforts of some traditional disciplines. Meanwhile, anthropology of law, as a kind of interdisciplinary subject overlapped with two such traditional disciplines as law and anthropology, has always regarded the dispute happening in the human society as a key object of study when this subject was raised. From the perspective of anthropology of law, this paper is based upon a large number of cases and some empirical research, adopting some research methods such as analysis involving regulation, proceeding, discourse, and idea, and trying to do overall, systemic and in-depth research for Yi people's disputes and dispute resolution happened in the area of Liangshan.This thesis basically applies the important theoretical results of anthropology of law and sociology of law, especially, be guided by the theory of knowledge and methodology of the Occidental anthropology of law, be based upon the joint material of books and field works, tightly buttons up some important elements such as main features of disputes, folk authorities, kinship system, modes and proceeding of dispute resolution, custom law, religious rites in the society of Yi people, to carry out overall investigation to the disputes of Yi people, and further point out the cultural meaning of these disputes, finally, proposes to some overviews on how to understand legal culture of Yi people.Besides the introduction part, this paper is divided into four parts. The first part describes the society structure, kinship system and folk authorities of Yi people, draws the outlines of society and culture background where the disputes and dispute resolution of Yi people happen. And then the second part will discuss the modes and proceeding of the dispute resolution, classify the dispute resolution of Yi people, describe the features of these dispute resolution, point out that the different third party who involving certain dispute may influence the dispute resolution, meanwhile, the particular mode of dispute resolution of Yi people strengthens the relative influence of regulations. In the third part, the author will be distracting attention from regulations to facts themselves, due to disputes cannot be explained at all, the uncertainty of facts becomes so rare resource that the parties in disputes mutually fight for getting them, the process of transforming discourse is concealed by this kind of similar process of constructing facts. The fourth part means to make the legal concept of Yi people with a long history emerged from the phenomenon of closing ceremony, sorcery and suicide, at last, making a conclusion that the source of disputes not only originate from material interests but also spirit interests, more specially, the latter one is the fundamental way to successfully settle disputes and regenerate harmonious society.