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The Use Of Minority Customary Law Diversified Dispute Resolution Mechanisms

Posted on:2013-01-11Degree:MasterType:Thesis
Country:ChinaCandidate:L P ZhangFull Text:PDF
GTID:2266330422457809Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Diversified dispute resolution mechanisms to improve the level of the ruleof law,promote social progress and development has a positive significance. Inpractice,the State Law is important and widely applicable dispute resolutionentityspecification, but can not be ignored in the diversification of the disputesettlementmechanism, there is a wide range of dispute resolution in accordancewith and norms, including the national statutes and customary law basis andthere are also many differences between norms. An important part of the basis ofminoritycustomary law as diverse disputes, with the changes of social conditions,which itselfoccurred changes, Miao customary law changes illustrated this point.Meanwhile, theapplication of customary law of minority-owned diversifieddispute resolution mechanism in the dispute resolution process, it must followcertain substantive rulesand procedural rules.Customs and is not strictly a legal term, in recent years, academia, theresearch is more in-depth, and its situation in the settlement of civil disputes, aswell as the conditions used in the field of justice and rule of minority customarylaw in a pluralistic the dispute settlement mechanism applicable huge inspiration.Miao customary law changes in the field survey and analysis, the concept ofminority customary law applicable to the path construction.The core of the problem of minority customary law applicable in thedispute resolution mechanism in the diversification of its applicable rules andinstitution building, should be further standardized and clear diversified disputeresolution mechanism, the use of minority customary law principles, procedures.Improve the use of minority customary law system construction. Learn from thepositive factor and a reasonable standard in the minority customary law,correctly identifying minority customary law, the difference between eliminatingnegative minority customary law, give full play the positive role of minoritycustomary law in non-litigation dispute resolution mechanism, specificationVillage rules or regulations, to improve the cognitive level of the main minority customary law.
Keywords/Search Tags:Minority, Customary law, Diversified dispute resolution mechanism, Hmong, application
PDF Full Text Request
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