A Study On The Disputes Resolution In Gannan Tibetan Pasturing Area

Nowadays, the Tibetan traditional disputes resolution mechanisms and the official mechanisms, mainly the justice, sit as the dominating mechanisms dealing with the disputes and conflicts in Gannan Tibetan pasturing area. The actual function and the interactive relation of the two mechanisms directly affect the local social order and stability. This dissertation, through the approach of functionalism analysis, expatiated on the traditional disputes and the relevant resolution mechanisms, and laid special stress on studying the current situation and problems in the disputes resolution practice in Gannan pasturing area, based on cases and field materials, from the two aspects as the analysis on the feature of the transformation from the traditional mechanisms to the current official mechanisms, and the probing into the concrete function and mutual relations of the two mechanisms. By those discussion, the dissertation held that the relation between the two different genealogy had developed from the simple binary opposition to the much more complicated forms as the combination of conflict, rupture and inheritance, and many forms of cooperation in dealing with disputes had come into being. These kinds of cooperation are mostly featured by disorder and expediency, decreasing the fairness and efficiency in dispute resolution. Efforts from different levels are needed to handle the problem. This dissertation, by referring to the theory of pluralism, put forward the advice of structuring diversified dispute resolution methods with modern justice as its core, based on the analysis of the traditional mechanisms, the current situation and the practical condition in Gannan Tibetan pastoral areas.The whole dissertation consists of three parts as preface, text and conclusion, and the text is divided into three parts, eight chapters as follows:Part One (Chapter One, Two, Three and Four) analyzed systematically the traditional disputes-resolution mechanisms in Gannan pasturing area. After summing up the social and the cultural background of Gannan pasturing area, this part discussed the local idea toward "dispute" and the main types of the traditional disputes, and analyzed the deviation between the idea of "Harmonious and Syncretic Culture" and the continuous conflicts in practice. According to some valuable historical materials and field research, the part then studied the traditional ways of settling disputes,such as wa-vdum (mediation), gong-gtug (appealing to local authority), mna (oath), reconciliation and unilateral action, as well as the relevant ideas and logic.Part Two (Chapter Five, Six, Seven) analyzed the progress and the problems existing in different types of disputes resolution in Gannan pasturing area. Firstly, the part clarified relations in the process of the transformation of the two mechanisms which was featured by conflict, rupture and inheritance simultaneously. And then, discussed the practical function, mutual relation of the two mechanisms and the appeal and plight of each side in the criminal disputes, civil disputes and the grassland disputes respectively, and pointed out that there exist two universal and tendentious problems as the disorderly cooperation of the two mechanisms and the lack of or biased relief to the parties in disputes.Part Three (Chapter Eight) drew the conclusion and put forward the advice. The dissertation held that it was the lack of the guidance, supervision and effective integration toward the traditional mechanisms of justice, and the feasible way to deal with the above-mentioned problems was to establish the intensified resolution mechanisms with justice as its core. And discussed the configuration of the mechanism from the following aspects as actively advancing the dynamic type of justice, perfecting the extensive mediation mode using to settle grassland disputes, intensifying the non-governmental organization mediation and amending the management mechanism on the village levels.To build the harmonious Tibetan society, and ensure the long stability in Tibetan region mean too much to the prolonged political stability of our country. And the disputes and conflicts resolution in Tibetan society would affect the quality and extent of the stability. It’s urgent that the mechanism efficiency, the social effect and the function adaptability being enhanced during the period of transformation. It was the key reason that the dissertation researched systematically on the logics, means, experience, and problems of the disputes resolution in Gannan Tibetan pasturing area.