Research On Dispute Settlement Mechanism In Guizhou Minority Areas

In recent years, the research on dispute solution mechanism in minority area becomes one of important subjects concerned and investigated by many disciplines such as national law, sociology of law, litigation law, anthropology, jurisprudence and so on. Since 18th National Congress, the Central government has proposed series of requirement of the solution of social conflict and dispute in our country and issued The Opinions about Improving Multi-dispute Solution Mechanism. Guizhou is a province where multiple minorities inhabiting. Each minority has its own traditional custom and habit and the traditional dispute solution mechanism of each minority is also characteristic. It has profound significance that how to build dispute solution mechanism, solve various social conflicts and disputes, and promote harmonious social construction in Guizhou minority area.Up to this day, China has made remarkable achievement. Guizhou plans to build into well-being society together with the whole nation in 2020. Guizhou minority areas must enter the particular period of economic rapid development. This is a process that conflict and complementation occurs between national law and minority dispute solution mechanism. In the current big context of rule-based governance, it has become a problem that needs solving about how to make complementation and avoid conflict between minority dispute solution mechanism and national law in "cultural diversification" and "legal diversification" and incorporates the local resource of rule of law into the whole modern social order governance of the nation. The paper tries to make systematical research on the rule of law value of traditional dispute solution mechanism through Miao nationality, Dong minority and Bouyei nationality in Guizhou, whose populations are most among minority autonomous prefectures. Combined with the spirit of central government, the paper proposes valuable measures for building multi-dispute solution mechanism of minority area in Guizhou and draws up draft suggestions of multi-dispute solution mechanism in Guizhou minority area for People's congress of Guizhou province in terms of legislation proposal so as to do contribution to improvement of construction of rule of law in Guizhou minority area.The paper makes law summarization of legal principle feature, the value of rule of law in modern society and function about minority dispute solution mechanism from the perspective of jurisprudence. On the basis of empirical investigation, it explains the historical formation, evolution and the change in modern society of Miao nationality, Dong minority and Bouyei nationality and the conflict and complementation between them and national law and tries to explore the complementation and interaction of minority dispute solution mechanism and other non-litigation dispute solution methods. Based on this, it proposes the specific scope of the needed supporting legislation of building multi-dispute solution system in Guizhou minority area and specific scheme of building multi-dispute solution mechanism so that it benefits the legal construction of nationalities of Guizhou. The research significance is to build specific scheme for multi-dispute solution mechanism in Guizhou minority areas well as providing reference for building specific scheme for multi-dispute solution mechanism in other minority areas, providing broad-vision research example for investigating dispute solution mechanism in minority area systematically and contributing to enriching dispute solution theory.In research method, the paper mainly applies historical analysis method, document analysis method, multi-disciplinary analysis method and statistical analysis method and so on.The paper is carried out as per the following three parts.Part 1 (Chapter 1):it analyzes the origin, feature, reason and value of minority dispute solution mechanism and conflict and complementation between it and national law in the jurisprudential theory. It looks on the relationship between minority dispute solution mechanism and national law in the perspective of cultural diversification, analyzes national law and minority dispute solution mechanism belong to different cultural traditions and finds out the path to integrate minority dispute solution mechanism into national law in terms of modern village regulation and non-government agreement. It analyzes realistic status of dispute solution in minority area specifically by combining national theory with dispute solution theory. The dispute in minority area has the features of basis pluralization of dispute solution, pluralization of dispute type and pluralization of subject of dispute solution. It discusses the standard application problem in dispute solution of minority area. Minority dispute solution mechanism provides supplementation for national law in many aspects. It analyzes that utilization of the legislative modification right in minority autonomous area can incorporate part of good minority dispute solution mechanism into national law in terms of complementation and accommodation and makes it with general application. It analyzes the reason, relationship and specific manifestation form of conflict between national law and minority dispute solution mechanism concretely. It analyzes the advantages and deficiencies of national law and minority dispute solution mechanism in solving dispute of minority areas, analyzes complementary advantage of them and proposes the complementary path choice.Part 2 (Chapter 2,3 and 4):On the basis of empirical investigation, b using statistical method, it takes three minorities with most population in Guizhou, which is Bouyei nationality and Miao nationality autonomous prefecture in the south of Guizhou, Miao nationality and Dong minority in the east of Guizhou and Bouyei nationality and Miao nationality in the southwest of Guizhou, as representatives and makes comprehensive and thorough research on historical formation and evolution of traditional dispute solution mechanism of three nationalities, specific content and change in modern society, advantage and deficiency in dispute solution of modern society, conflict and complementation with national law in specific dispute solution practice, pluralization of subject of dispute solution and realistic status of dispute, and specific conflict and complementation between it with national law. The anthropological jurisprudence research indicates that human group in each society has "categorized law". Such "categorized law" is the order maintenance regulation of such group and minority dispute solution mechanism is such "categorized law", which is a manifestation method of human civilization. How these "categorized laws" produce, how they continue and change in the minority evolution process, its function in modern society and its future development direction will be the final choice of walking toward the path of solving the multi-dispute.Part 3 (Chapter 5):On the basis of the previous two parts, Part 3 studies the modern law-based measure of dispute solution mechanism in Guizhou minority area. It analyzes the connotation and extension of multi-dispute mechanism in minority area and analyzes the reason for and existed problems of building multi-dispute solution mechanism. It proposes the specific scope of needed supporting legislation of building multi-dispute solution mechanism in Guizhou minority area and specific accommodation content. It proposes complementary measures among minority dispute solution mechanism, litigation dispute solution method and other non-litigation dispute solution method. At last, it draws up the draft suggestions to build multi-dispute solution mechanism in Guizhou minority area. It advises Guizhou Province People's Congress to issue The Determination about Improving Multi-dispute Solution Mechanism in Minority Area at Guizhou Province People's Congress Standing Committee (draft version).In short, the paper proposes to build multi-dispute solution mechanism in Guizhou minority area on the premise of summarizing general law of minority dispute solution mechanism and on the basis of realistic need of dispute solution of minority area in these three autonomous prefectures so as to provide model for the national legal construction of Guizhou minority area and provide reference for dispute solution in other minority areas of China.