Judicial Disputes Settlement Mechanism Research In National Regions

In recent years, the research of solving disputes has been a hot spot for jurisprudence, sociology and anthropology. China is a unitive and multinational country which contains large ethnic area and various customs, and disputes and relevant judicial resolutions in its ethnic areas has distinct features. How to perfect the resolutions means a lot for resolving social conflict in ethnic areas and maintaining peace of the nation.After the establishment of the People’s Republic of China, CCP and the central government have conducted democratic reforms and socialist transformation in ethnic areas step by step according to the people’s requirements. By trying cases, the courts in ethic areas have played a great role in implementing the Party and the government’s ethnic policies, solving social disputes and maintaining peace in ethnic areas. The courts’ application of law, judicial mediation and bilingual trial to the disputes created by ethnic marriages, inheritance and ethic customs bear distinct features of multiple laws and culture, which has Chinese native features different from judicial practices abroad. In current China, courts play a great function in the establishment of multiple dispute-solving systems. The paper tries to make a systematic research on the judicial resolutions for ethnic disputes and formulate valuable opinions and suggestions for its perfection, which aims to perfect the dispute-resolving system and make some contribution for the legal construction in ethic areas.The paper elaborates the judicial systems of solving ethnic disputes from evolution, policies, judicial practice and typical cases, and describes mutual interact among the nation’s judicial system, the minority’s traditional dispute-solving resolutions and other resolutions. On this basis, the paper concludes experience and shortcomings, then formulate opinions and suggestions in form to perfect the judicial dispute-resolutions in ethnic areas. The paper’s significance is:enrich the theories of multiple dispute-resolution research, broadening angles of the courts’ and judicial research, enrich the research of ethnic legal construction.The paper’s theories mainly contain dispute-resolving theory, multiple laws theory, Marxism-Leninism national theory and special protect for minorities theory. The paper’s researching methods mainly contain historical analysis, literature analysis, case analysis and multidisciplinary comprehensive research.The paper mainly contains five parts:The first chapter analyzes specifically the notions of dispute and disputes in ethnic areas, distinguishes the notions of ethnic conflict, ethic dispute and dispute in ethnic areas, discusses specifically the features and origins of the disputes in ethnic areas; analyses the concept of minority’s traditional dispute-resolving systems, concludes systematically those features from the parties, proceedings, ways and basis and evaluates the systems; analyses the concept and features of judicial dispute-solving system in ethnic areas, compares it with other systems.The second chapter discusses the legal application for disputes in ethnic areas, analyses various kinds of laws the ethnic courts adopted to solve disputes; concludes the main methods of choosing and applying laws, makes a full-scale analysis on the relations among policies, flexible rules in ethnic areas, nation’s laws and national customary laws; makes a full-scale research on the practical situation of the legal application by the ethnic courts after the establishment of the new China, mainly analyses and discusses the disputes of marriage, inheritance and special civil relations.The third chapter discusses the judicial mediation in disputes in ethnic areas, analyses its concept and features, points out its function, reviews the evolution of China’s judicial mediation system; on the background of "multiple laws" theory, analyses the multiplicity of judicial mediation in ethnic areas, namely "multiple rules" and "multiple authorities"; makes an empirical analysis on the judicial mediation in ethnic areas.The fourth chapter discusses the disputes in ethnic areas and the bilingual trial, analyses the concept and features of bilingual trial system; discusses its origins and practical functions in solving disputes; makes an empirical analysis on ethnic courts’bilingual trial system.The fifth chapter discusses the perfection of judicial dispute-solving system in ethnic areas; makes an overall evaluation on its function; concludes its main experience and existing problems; formulates aims, principles and ways of perfecting it.To sum up, this paper’s suggestion is:on the basis of maintaining modern judicial value orientation, connect jointly with ethnic society’s development practice, promote judicial reforms actively yet prudently, construct one judicial system which generally fits modern judicial civilization rules, bears multiple cultural features of Chinese nation and harmonizes and interacts.with other dispute-solving systems, so as to better fit the minority’s living custom and legal cultural tradition and better satisfy the needs of dispute resolution and stable development in ethnic areas.