Analysis Of Guizhou Dayaoshan Baiku Yao Customary Law

Nowadays, China's law is imperfect. The judicial system also has its limitation. Our government advocates building a harmonious society. But it can be seen that different interests of diverse stakeholder are demanded. The drawbacks of proceedings have become gradually prominent. It is a tendency to find out the diversion resolution methods. At present, the main methods of dispute resolution in china are litigation, arbitration, mediation, reconciliation and so on. We should pay attention to non-litigation procedures to resolve social contradictions effectively, especially in ethnic minority areas. It is deep-rooted of methods of customary law. The relationship between law and customary law should be deal with correctly. So we can meet the needs of the pursuit of value and laws. In order that will become a legal foundation of our harmonious socialist society."First there is Yao, after North Korea" This phrase illustrates the long history of the Yao, Libo County, Guizhou Yao, Yao Shan is a densely-populated areas due to the special geographical environment and the long-standing historical background. In Yao society, customs law in regulating social relations and the allocation of social resources maintain social order and playing a role in the culture, thus the study on customary law will help speed up the process of China's legal system. In practice, the existence of civil mediation and national judicial means of mutual cooperation, mutual influence formed with the ethnic diversity of local characteristics of the dispute settlement mechanism. It achieved good results, and effective dispute will be Dayaoshan subsided through private mediation, which for other minority dispute settlement mechanisms in minority areas to improve. Then speed up the process of country's legal system, providing a reference of meaning, either.This paper is divided into seven chapters. The first chapter overview Shan Yao Libo County,in Guizhou.It described the geographical situation and the Yao Shan Bai Kuyao features in main. The second Chapter is Yao Shan Baiku Yao Libo County of social organization-an overview of oil with the organization, mainly from the oil with the definition of organization, characteristics, and discussed areas such as historical roots. Chapter three is about the Yao Shan Bai Kuyao manifestation of customary law in the form of a taboo Cunguiminyue and Shihpai that in the Yao Shan mainly Cunguiminyue be binding. Chapter four is the main elements of customary law, marriage and family of customary law, social order, customary law, environmental protection, customary law, customary law of inheritance, property customary law, customary law and the funeral claims. The religion several aspects of customary law should be discussed. Chapter five is the current procedures for handling disputes. Yao Shan handling disputes with oil in the mediation of the organization chiefs has:villagers'team leader, the village head of the mediation, the township government office dealing with dispute mediation and legal channels and the Court ruling. Chapter six mentions Yao Shan status of implementation of customary law and dispute settlement mechanisms of the empirical study, mainly by disputes over the type and Yao Shan Yao people's awareness of the law in areas such as research, summed up four kinds of dispute resolution model:the social settlement mechanism, the Chief resolution mechanism, judicial settlement mechanisms, and minority areas emergencies resolution mechanism. Chapter seven is Conclusion parts. Yao Shan have their own unique way of civil dispute resolution, although state law in the Yao Shan works in a gradual manner. The content of national law in Cunguiminyue allowing the law to raise the awareness of better national law, civil law and effective integration of the Yao Shan. Although there are four ways to resolve the dispute, the lack of effective integration of the role of complementary functions did not occur. It is making this part of the dispute resolution resources waste. Then, a Dayaoshan area is established a sound dispute resolution mechanism for the diversification of the meaning is very significant.The innovation lies in this:First, depending on the new data material. Gui zhou carry out in-depth field research to the local museum examines the historical development of Dayaoshan Baiku Yao. Through the issuance of questionnaires, it can be conducted in the form of it by individual interviews. With the organization of oil, the pluralist Cunguimingyue dispute settlement mechanisms have conducted a separate study to investigate the number of people to obtain a large number of first-hand materials. Then, it catches the statistical accuracy and methodical analysis. Secondly, research perspective will be new. Most of a scholar from the perspective of history and folklore studies of minorities from the standpoint of customary law study of Yao and only Professor Gao Qicai of a monograph in the past. Periodical Literature is to analyze the other major common law and state law conflict, and then explore how to reconcile the customary law in the national law of the conflict. This article will mainly combine customary law with diversification of the dispute settlement mechanisms. The customary law played the role of local law resources, building a diverse ethnic characteristic of the Yao Shan dispute settlement mechanisms. At last, the content of the study is new. The organizations of oil as a specific as Baiku Yao's social one plays a major role in mediating disputes. At present, only professor Gao Qicai, Professor Wang Shijie, and Professor Huang Hai's works can be discussed. But it isn't mention deeper in this part, even the oil organization part from custom law. Furthermore, the article studies it much deepest including the history of oil organization and its value of existing, and the use of building a dispute resolution mechanism.