The Research Of Dai Civil Dispute Settlement Mechanism

In modern times due to traditional feudal influence and invasion by Western powers, China has largely lost the rule of law to rely on internal factors have contributed to changes in the conditions of modernization, but also had to follow the Western model of rule of law, logic to construct China's rule of law. However, if divorced from its own historical and social reality of the rule of law, forcibly transplanted Western modernization model, the result must be less effective. So we had set the ambitious goal of a socialist country ruled by law and, after establishing the modern concept of justice, but also not forget that China's basic national conditions. China is a unified multi-ethnic country, and this determines our investigation of mainstream society and mainstream culture, while the minority community should be concerned, so as to collect information and accumulate experience to help us achieve the legal modernization, in particular, is conducive to the progress of the rule of law in a multi-ethnic autonomous areas .So, I selected the Dai civil dispute resolution mechanism as a research object, turning the perspective from the mainstream to the edge. I selected a Dai village named Dadenghan,in Ruili City, Yunnan Province as my investigated area, using the method of sociology of law to study the Dai traditional civil dispute resolution mechanism, including composition, function and development , with a view to provide some enlightenment in ethnic autonomous areas.This article from the introduction and body composition, about 30000 words, is divided into five parts:The first part is about introduction of the Dadenghan community. This section describes background information and the main reason to select Dadenghan as my goal. Basic conditions, including weather conditions, traffic regional advantages, tourism and trade advantages. The reason for selecting this village for the investigation ,firstly is that the village is a typical Dai village, ethnic traditions is relatively intact; secondly is that the village under the umbrella of the Buddhistm has rich atmosphere that can highlight the impact of religion for the Dai.The second part describes Dai civil dispute settlement mechanisms. This section describes the two major organizations-"Guntao"and the village committee. Privately negotiated solution, settled by village committee, settled by"Guntao", village committees and the"Guntao"joint solution are the main ways to resolve civil disputes, but for different types of disputes, the solution chosen by the Dai people There is a clear tendency.The third part is about Dai civil dispute settlement mechanism's evaluation. Dai civil dispute resolution mechanisms, including the main features and the formation of a civil dispute settlement mechanism Dai cause analysis. Dai civil dispute resolution mechanisms has minority common feature and its unique characteristics, mainly in the organizations, dispute settlement process, dispute settlement procedures. The reasons for the formation of the mechanism are mainly the penetration of state power, a high degree of acquaintance of the social and devout religious beliefs.The fourth part is about Dai civil dispute resolution mechanisms in modern society.the mechanisms in modern society is facing an embarrassment and development. Embarrassment is that the influence of the"Guntao"which is the traditional organization has been weakened. At the same time, the different natures of the two organizations make the mechanism invalid. In addition, some results of the mechanism conflict with law.However, despite the Dai civil dispute resolution mechanism in modern society faces a lot of embarrassment, but the further involvement of state power and its relationship with national laws to further deepen the integration and coordination is an irreversible trend.The fifth part is about Enlightenment of the Dai civil dispute settlement mechanism in ethnic minority areas.Through the study of the"Dadenghan",summed up three enlightenments.Firstly,the path of the rule of law.Secondly,increasing the study and improving the diversification of the national conciliation dispute settlement mechanisms. Finally, strengthening the cooperation with the traditional organizations.