On The Liangshan Yi Dispute Resolution

"Liangshan Yi" is speaking the northern dialect of Yi language, self-styled "nousu" branch of the Yi, who live mainly in the Sichuan Province to the east ridge Jinsha huangmao River, the Dadu River to the north of the geographical area. As the landscape of the barrier, the ancient Yi "original ecology" culture by the Central Empire and surrounding cultural influences relatively small, and thus more to retain many features of its own. Liangshan Yi Nationality has a long history of customary law, the system is complete, thorough and detailed, full of national characteristics. The use of customary law, dispute resolution is the continuation of thousands of Liangshan Yi antiquity to the present dispute settlement.This paper attempts with typical cases, examining Liangshan Yi dispute resolution reflected the characteristics and general. Writing paper first in the description, describe the Liangshan Yi and characteristics of the traditional dispute resolution, to show them the experience inherent in the wisdom and rationality, but also reflects contemporary customary law under the impact of changes in national law. At the same time, this article is not limited to specifications, or display case, a case study of the end-result is not its own, but in the case of using some general propositions of law. Thesis writing hope to achieve two goals, one standing on the position of cultural relativism to describe the unique history and culture of the Yi in Liangshan created by the dispute resolution methods, but also explains the characteristics of cultural norms and for the impact of the dispute; the other hand, this paper attempts From micro towards the macro, from the special to see the general, that is, by observing the Liangshan Yi in this case, from which to extract the relevant dispute settlement and legislative changes and laws of universal nature.In the method, this paper around the case, and are mainly used as "agents" as the center of process analysis, that is, the so-called "methodological individualism" in dimension. This approach stressed the need to sharpen the focus on disputes between individuals, to require them to conduct a careful analysis of various specific factors out, such as their exposure to the social situation in which their interests lie, and other social relations between the constrained the people's behavior in various specifications, as well as the use of dispute resolution activities, strategies and procedures for deployment.Chapter I will first describe the "Yi" in the eyes of the specification, order and dispute. Liangshan Yi in the long history of life, to build a comprehensive and unique world of meaning, Yi people about their legal norms and legal culture has a unique self-interpretation system, this system includes the local vocabulary specific concepts, classifications and categories, also includes the locals for the ideal social order, and the ultimate goal of dispute resolution view. With a description of the conceptualization of and for the case analysis, this chapter shows the Yi unique to "section of wooden cattle-wai" as the core of the normative system, as well as the "harmony" and "dignity" equal emphasis on the values of the system.Chapterâ…¡Analysis of papers focused on the fact that dispute resolution in Liangshan Yi, norms and desired issues. When it comes to "facts" discussion of the issue, the article with typical cases of the "natural facts" and "legal facts" to analyze the relationship between the. By comparing the Yi customary law and national law for the "natural facts" of the different concerns and identified and then the legal facts are not naturally occurring, but by the logic of cultural and social constructed. Meanwhile, the dispute resolution activities for the production of customary law norms of great significance, Classic Case Yi District, "Pirates of the Cat" compensation rules and the "Pirates of the sheep," the compensation rules of origin norms of customary law so that we can see the process of live birth. Norms of customary law in regard to the process of analysis, we found that the dispute settlement process is not simply a case according to standard logical inference, because often there is no single, clear, ready-made specification can be directly used to "infer." Dispute resolution entails the search based on the facts "associated norms", the "legal discovery" process is a subjective initiative of Zhang Yang, the initiative which includes the party's positions and demands, but also including third-party judgments. Sectionâ…¢of this chapter, we have the core issue of dispute resolution-a desired formation process was analyzed, first of all, the parties willingness to settle, as well as the minimum mutual understanding and consensus is a potential dispute the premise of reconciliation-"before the consensual" and secondly, desirable form and content are subject to multiple factors, in addition to customary law norms accident, various "sociological factor" also played an extremely important impact.Chapterâ…¢of the paper the role of dispute resolution, procedures and strategy. The article first of the dispute settlement process from creation to an overview, and then right before the mediation the parties for the scene tactics, and procedural issues such as the commencement of the description and analysis. Yi areas in the formal mediation of disputes in the process of not only the existence of a fixed procedure, then there is no program or anti-program temporary arrangement, Yi District, has always been the ultimate goal of mediation activities around the "reconciliation"-program is nothing but serve the desired flexible measures, which will process itself with the legal formalism as a "justice" concept has great difference. At the same time, third-party dispute settlement in the Yi area activities play a vital role, the article with case, third-party strategy, functions, interests, and issues such as dispute resolution model of a lively exploration.Chapterâ…£focuses on the papers of contemporary legal pluralism in Liangshan Yi area in the context of the dispute to solve the problem. The country's reform and related policies reflect the phased implementation of the rule of law characteristic of the differences at different stages of the Yi areas directly to the norms and order resulted in different effects. Liangshan Yi area in the contemporary state of the judiciary, "Hom court" with Yi civil mediation, "Hom Under the court" at the same time there will inevitably exist between the two areas compete for power. The dual legal system for exposure to a dispute in which the participants set up the dilemma-to choose any way of a solution of Fun, which may be braving the negative evaluation of another system. The author believes that the contemporary Liangshan Yi area "state law-customary law" the binary separation and confrontation, both institutional system, cultural values and social-legal order of the "real" elements, but also some of the factors as well as academic discourse exaggerated and the " imagination "element. Contemporary Yi District, the launching of the rule of law, should be fully respected as a "subject" of the Yi people, as well as the interests of participants in the dispute, demands and bringing into full play, and only fully mobilize Yi district wide range of community dispute settlement body strength, while the division of labor cooperation, the establishment of institutionalized, "three-dimensional" Fun pattern of the solution to the Yi area of law and order and development and the rule of law to resolve disputes and create a bright future.