Multiple Disputes Settlement Mechanism. Qing To The Republican Shimizu River Basin,

In recent years, as the law field has been influenced by multiculture and plural system info, scholars are no longer confined to research methods of a certain field. In stead, they take example by and utilize the methods of sociology, ethnology, and nation science, and try to profitably explore the interaction relationship between state laws and traditional laws. The regions inhabited by ethnic groups are less influenced by the culture of Han Chinese, and located in remote areas with bad natural environment. These geographical and historical reasons make people there communicate less with the outside world, so that they tend to use their own ethnic conventions and some conventions that have the Han Chinese cultural trace are integrally reserved. These facts provide us with helps to study traditional laws objectively.The downstream area of Qingshuijiang River that was advantageous in convenient transportation and abundance in timber resources once had a business boom and was converted into the Han Chinese culture quickly for it was impacted by many kinds of benefits and affected deeply by the Han Chinese culture brought by businessmen. Therefore, disputes due to the complicated social relations were much more than other regions inhabited by ethnic groups. However, the local Hmong and Dong people solved the corresponding disputes according to different title documents and structured an autonomous society based on contract. And the discovery and publicity of The Writs of Qingshuijiang Riverundoubtedly offered the first-hand information for scholars to lean about the system of disputes solving of the downstream area of Qingshuijiang River in Qing Dynasty and the Republic of China. Based on The Writs of Qingshuijiang River, this paper will explore the system of disputes solving of the downstream area of Qingshuijiang River in Qing Dynasty and the Republic of China by neatening and analyzing the writs related to disputes as well as relevant historical materials. The paper is divided into five parts.First, introduction. This part is divided into three parts to introduce the discovery and neatening of The Writs of Qingshuijiang River, the current research of the local system of disputes solving, the history of the academic, as well as the thinking of the selected topic, research information, and methods of this paper.Second, types and characteristics of the writs of disputes solving. The paper firstly introduces the types of the writs of Qingshuijiang River related to disputes contract, and analyzes its forms and characteristics. Secondly it introduces disputes types that each writ solves according to these writs, and analyzes disputes solving types that each kind of writ applies to.Third, the way of disputes solving. This part mainly summarizes the five ways of disputes solving of the downstream area of Qingshuijiang River in Qing Dynasty and the Republic of China from these disputes writs, and introduces in detail each way's content, advantages, and disadvantages.Fourth, application of the system of disputes solving. The first section of this part neatens the gradually thorough process that Qing Dynasty tried to control the downstream area of Qingshuijiang River in law, that is, the gradually thorough process of official ways of disputes solving application. The second section of this part sorts the collected writs according to time, which indicates that traditional system of disputes solving does not only die out under the impact of the official system of disputes solving, but also maintains vigorous vitality. And both of them consist of the local characteristic multiple ways of disputes solving.Fifth, the reasons of reserving the multiple system of disputes solving. By procedure analysis and interest analysis, this part analyses the attitudes that each side chooses the ways of disputes solving. Together with the influence of the local contract culture, they both become the reasons that maintain this kind of multiple system of disputes solving.Sixth, conclusion. Faced with numerous forms of disputes, the local people invented many kinds of writs of disputes solving. Adding various ways they efficiently solved the disputes between each other, and structured a contract society that was based on traditional ways of disputes solving. And after the dynasty's laws going deep into it, this system still maintained vigorous vitality with the impact of official ways of disputes solving, and till nowadays it also plays an important role, offering more and more reasonable choices for the parties. The two ways of disputes solving are continually mixed together like that so they finally create the unique multiple ways of disputes solving of the downstream area of Qingshuijiang River.