The Tibetan National Minority Internal Dispute And Model Transformation Of Divergent Solutions

Any national interior will have the dispute, as a result of factor influences and so on national disposition, living environment, national history, the Tibetan national minority internal dispute is different with other national interior dispute's form and the characteristic. The Tibetan national minority area which extremely little nourishes in the state law, the Tibetan national minority populace can actually defer to decide resolve a dispute the pattern to maintain social the stability. The author take this as the starting point, the exploration maintains the Tibetan national minority society harmonious two sharp weapon - - common law and Tibetan Buddhism, based on this and analyzes the Tibetan national minority tradition to resolve a dispute the pattern the insufficiency, and gave the reforming comment.The full text altogether divides into four parts, 40,000 characters, various partial contents are specifically as follows:The first part elaborates the Tibetan national minority interior dispute's basic question. First introduced Tibetan national minority interior dispute's type, what mainly mentions is by the inhabited area the agricultural region dispute which and the animal husbandry area dispute divides into the datum, this classification further described the Tibetan national minority interior dispute for this article to solve the pattern to lay the foundation. Next, through to Tibetan national minority interior dispute with other national like Han Nationality, the Hui tribe, the Miao national minority internal dispute's comparison, summarizes the Tibetan national minority interior dispute's characteristic: The dispute many competes for the existing space primarily, dispute burst characteristics, the dispute settles a matter privately the nature to be prominent, the dispute blends the religious factor, the dispute presents the people punishment miscellaneity.The second part is Tibetan national minority interior dispute's solution pattern. Author the main body which solves based on the dispute is different, will resolve a dispute the pattern to divide into the official participation to resolve a dispute the pattern and the folk participation resolves a dispute the pattern two broad headings. In the official participation resolves a dispute in the pattern part, the brief introduction current Tibetan national minority interior dispute solves the male strength relief which and the social relief pattern uses. Then, will describe under the common law and the Tibetan Buddhism influence Tibetan national minority interior dispute's solution pattern emphatically. Especially summarizes the tradition from some tribe common law's concrete provision to resolve a dispute the pattern some characteristics: Resolves a dispute the main body many are the tribe leader, but also has supposes specially resolves a dispute the organization like to ask Germany to gather; Resolves a dispute in the process the temple, clergy's intervention to be strong; The processing mode manifests much to meet one's satisfaction with the compulsion associatively; Existence processing dispute's full time persons: Si Ba, Si Zou, Si Yue, Si Ben and so on. The above these characteristics have also reflected Tibetan national minority's legal view, the moral outlook, the values and the outlook on life from the different side. In Tibetan Buddhism leads the folk resolves a dispute in the pattern, as a result of the Tibetan national minority to Buddhism's belief and to the living Buddha the worship, it resolves a dispute the function to manifest approximately, in the religious religious doctrine, resolves a dispute the participant as well as decides in the potency which stops numerously struggles. But these are precisely the religious rite function, the enlightened function, psychological adjustment function concrete manifestation.The third part is the Tibetan national minority interior dispute folk participation resolves a dispute the pattern the concrete application and the modernization. At the same time, take immediately as the time background, take the real case as the basic point, pondered thoroughly the common law can display resolves a dispute function this phenomenon the psychological factor: Tibetan national minority intense nationality sympathy; Objective factor: Modern legal system in boundary zone scotsma; System factor: The place society controlling force is weak. Based on this proposes an objective namely: State law and common law conscience interaction; Two principles: Tolerant principle and temperate principle; Three ways: The state law and the common law coexistence, the state law and the common law respect, the state law and the common law co-prosperity mutually, causes the state law and the common law under the mutual benefit mutually suitable joint operation, the multiple perspectives maintain the social stability. On the other hand, similarly take the case as the breakthrough point, from individual, social, the national three stratification plane analysis Tibetan Buddhism solution dispute's reason, summarizes legal and the religious compatibility. From this, transplants the populace to the religious belief to the law, lets the law also believe by the populace, at the same time, carries on, the correct guidance positively to the religion, and solves the pattern with the modern dispute to unify establishes one kind to be more temperate, to have the persuasive power new dispute to solve the pattern. The fourth part solves the pattern reforming problem for Tibetan national minority interior dispute. The author thought that anything must reform is the starting point, from maintains the country legal framework's unification, the folk resolves a dispute the way legitimately, the religious influence rational three aspects to elaborate the reforming necessity. Next, to grasp reforming the question, proposed that reforming needed take to pursue the harmonious society, the document to tie the matter, national culture bringing honor to as the request, avoided reforming excessively or is inferior. Finally, rests on the fore-mentioned Tibetan national minority interior dispute's folk to resolve a dispute the risk which the pattern exposes, proposes four aspect reforming ways: Distinctive tribe common law, absorption reasonable part consummation nationality local legislation; The guidance religion superiority, sets up the judicial authority in the multi-national area; The cleaning up local rule, displays outside the law the dispute to solve ability; Takes the people to mediate the work, consummates the Tibetan national minority area must to dispute that resolves a dispute the mechanism.In brief, the national minority law culture is not useless, negative, backward, the dregs pronoun, it takes the community benefit, confirms strengthens cooperation ands solidarity, encourages industriously competent, definitely the reasonable demand, protects the ecological environment, processing easily fast, pays great attention intrinsic to accept, the form vivid image, has the value which similarly in Contemporary China's government by law advancement the acceptance, derives, inherits.