Study On The Dispute Of Forest Right In Tuanjie Village

Under the background of implementing the rural revitalization strategy,China is pushing the poor people,including ethnic minority compatriots,out of poverty and onto the road of moderate prosperity.The forest coverage rate in the unique living areas of ethnic minorities is relatively high,especially in southwest minority areas,which are rich in forest resources.With the continuous increase of national investment in ethnic minority areas and the continuous introduction of projects,the value of land and forest increases year by year,causing frequent cases of forest rights disputes.How to get rid of these "happy troubles" and prevent various problems caused by disputes over forest rights is a worthy research topic.One of the core contents of sociology of law research is the influence of state phenomenon on the implementation of national law.The academic circles think that Eugen Ehrlich’s theory of "living law"is a thorough theory of legal sociology.Eugen Ehrlich’s theory of "living law" and Japanese scholar Masaji Chiba’s theory of"Toward a General Theory through Japanese Legal Culture"have expounded legal pluralistic theory from different angles.All these theories have been accepted by the jurisprudence field in China.This paper mainly uses the fieldwork method of cultural anthropology to obtain full and accurate first-hand data,expounds the interactive relationship between national law and customary law from the perspective of forest rights disputes,and verifies the theoretical hypothesis of sociology of law.Tuanjie village was classified as an inland forerunner economy area in Guizhou province because of the unique geographical advantages.Nearly 100 forest ownership disputes have been accumulated during the process of the forest right system reform and the bringing in quantities of economic development projects.It seems that the unit village"is not unit".In those disputes,there are 3 happened between village groups,81 between individuals,forest ownership disputes become the most concerned thing in every villager of this ethnic minority village.So it worthy of an in-depth study.This paper argues that there are two deficiencies in previous studies.First,most scholars from disciplines such as law,sociology,economic forestry management,will study eye fixations on a few scattered case,or will research Angle of view on a macro level,to promote a certain type of forest ownership dispute resolution has certain significance,but less in the perspective of social governance research,summed up the promotion,copy of experience;Second,forest ownership dispute processing mechanism too much emphasis on a solve method,a case study is more of a stage of processing,but in a case of all processing stages of tracking the whole process,focus on rare and difficult to comprehensive use of various processing methods for processing,although the diversified disputes settlement mechanism is put forward,but stay on the concept,the lack of operability,dialogue and coordination of several main processing mechanism in the lack of attention.In this paper,qualitative research method is adopted to discuss the disputes over forest rights in Tuanjie village in specific fields such as customary law,national law,village and village governance.This paper tries to test and explore the social effects of laws in the frequent disputes over forest rights in the united Villages.Whether the national law can effectively solve the disputes over forest rights in the united villages,and how is it implemented?What resistance has been encountered?What are the results of the implementation?Does it adapt to the local culture?Are the local people satisfied?Does the local ethnic customary law still exist?Is there any further development?Is it still playing a role?How does it apply?What is the relationship between national law and customary law?Is the focus of this study.The author tries to find a more suitable method to solve the forest right dispute and provides a alternative way to solve the forest right dispute in minority areas.First of all,through the in-depth research of unity village villages of origin,the natural environment,production and living state of the economy and village overview is presented,with the submitted detailed data for the village population and ethnic groups,social interaction,cultural traditions and other factors are analyzed,quoting the change before the change of four periods,Lin part of collective forest right system reform continued to deepen,This paved the way for the development and continuation of forest rights disputes in Tuanjie Village.Secondly,it reveals the "brightness" and "darkness" of customary law.Through in-depth interviews,understand the habits of resolving forest rights disputes.These practices include cow bone to settle disputes,mediation,divine judgment,and swearing.In the early stage of the forest right dispute between Baka Group of Tuanjie Village and Zhaichong Group of the Yuxia villages,the township government decided and the people’s court decided that the national law had not achieved the final result of resolving the dispute,and the customary law also failed to play its role because it was transferred to the shadows,and the attachment of the disputed groups to the left-behind elites and the customary law dominated the dispute.Thirdly,it makes clear the "progress" and "determination" of national law.As the forest rights dispute cases of Ba Ka Group of Tuanjie Village and Zhaichong Group of the Yuxia village continued,the county government divided the forest rights dispute cases into forest rights and land disputes,and then underwent reconsideration and litigation procedures to analyze the laws and regulations cited in the cases.A formal dispute resolution mechanism was established,and the disputed people showed signs of turning away from the left-behind elites.Fourthly,it points out the common law and the national law cooperation obstacles.The outbreak of individual forest rights disputes and the emergence of new habits--the two handling principles of "land developer and permitter sharing interests" successfully handled the forest rights disputes of the village,compared with the handling results of the two collective forest rights disputes of "The Yingpan Dispute between the Wukong Group and the Baka Group","the Galigao Dispute between the Wukong Group ".The different strategies of individuals and groups,and the differences in the concept of dealing with conflicts and disputes,are used to analyze the causes and needs of cooperation.The dispute groups appear to return to the customary law and turn away from the elite to solve the dispute.Under the guidance of legal pluralism theory,the research line of "attachment,departure and return are the external manifestations of forest rights dispute groups to rural elites,and interactive integration is the internal logic of national law and customary law" is clarified.Then,the author puts forward some suggestions on the adjustment of customary law and national law.By establishing contact meeting system,formulating village rules and conventions in accordance with the characteristics of common law and so on,the consensus foundation of villagers’ cooperation should be established.The organization of villager cooperation should be reconstructed by the substitution and transformation of integrating village community,mobilizing all parties to actively participate in social governance and cultivating elites of "core farmers".To strengthen the rule of virtue and benefit the people,grasp the publicity of collective assets,advocating cooperation within the same rules and other means to rebuild the publicity,open the channels of cooperation interest expression.Finally,three conclusions are drawn:first,under the guidance of game theory,it is concluded that cooperation is still the main tone.Even though the conflicts are fierce,the villagers still seek cooperation,which is based on the long-term settlement of disputes before the forest rights reform,the adherence and acquiescence to the judgment results of forest rights disputes,and the selection of the same rules and discretion standards in the dispute process.The cooperation results are positive.First,it pursues the fastest efficiency of case handling,second,it expands the wealth value of original forest land,and third,it promotes the continuous positive interaction of villagers.On this basis,the author puts forward the idea of game balance in cooperative settlement of disputes,so as to avoid the situation of villagers withdrawing from cooperation as much as possible.Only by forming cooperation through conflicts and facilitating cooperation,and reaching cooperation within the traditional customs and village rules,can disputes over forest rights be resolved.Second,the interaction between customary law and national law is continuous.Third,national law should attach importance to the strength of customary law.The future research on the relationship between customary law and national law is prospected from three aspects:whether law can be substituted,law minimization and law going to the countryside,group cooperation and rule cooperation.With the continuous attention of local authorities and the further strengthening of professional mediation agencies,the dust of many forest rights dispute cases in Tuanjie Village will be settled,and the settlement results will have a negative effect on the village governance,clan relations,interpersonal interaction and other aspects.Rural elites and ordinary villagers will also learn lessons from these cases,deepen their cognition and understanding of national law and customary law,and make their behavior and expression conform to the form of enacted law and content of customary law as far as possible,so as to promote the benign development of social order in ethnic areas.