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Multiple Authorities Conflict And Criss-cross

Posted on:2011-02-08Degree:DoctorType:Dissertation
Country:ChinaCandidate:D Y YangFull Text:PDF
GTID:1116330338475300Subject:Ethnology
Abstract/Summary:PDF Full Text Request
The social authority has always been a wide research perspective among anthropology, political science, sociology, law and other regions. The folk authority is a relative term to the state authority. Since the modern times, Chinese rural societies have been of great change such as Cataclysm, reformation and transformation. In nowadays, one of the consequence of political reform in china is the whole rural society is becoming more and more open as well as transformation happening from a traditional acquaintances-society to a semi acquaintances-society. At the same time, a large number of folk disputes caused by national policy act that implement to rural society are hard stuffs, which were invalid if it was merely adjusted by the authorities like folk religion, morality and so on. With modern judicature system carries out in countryside gradually, villagers are often engage in a lawsuit when disputes occur, finally and simultaneously, laws become a necessary authority which used to tackle disputes. In terms of the modern law affects on disputes, many minority areas that trans-law cultural areas which acted far less than the Han areas did, though it is extremely difficult to find out an'island'which totally dominated by customary law. Under this circumstance, overemphasizing"supremacy of law"isn't necessary good to resolve disputes and conflicts. So this article inspected a road lawsuit case happened in a village of Southeast Guizhou province prefecture with the perspective of Legal Anthropology, in order to appear the action logical different subjects such as the defendants, plaintiffs, villagers'committee, rural government, political-legal committee, law courts and so on, and to analyze the competition situation of the unequal authorities at disputes resolving fields. From researching one of the case that looks like a"microscopic type"we can see that the law isn't the only effective method to solve rural conflicts and disputes. It neither just depends on folk customs to resolve these disputes, nor only rely the national laws, but should several authorities be on the spot simultaneously. In the authorities multiple co-existence pattern, each of them exists in the way of mutual conflict and interlace. At the same time, the whole rural social order can be maintained and reinforced during the process of multiple authorities conflict and criss-cross.
Keywords/Search Tags:village, disputes resolving, multiple authority, conflict, Criss-cross
PDF Full Text Request
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