The Present Situation And The Use Methods Of The Traditional Dispute Resolution System Of Yizu In Liangshan Autonomous Prefecture

Yizu is a nation with a long history in China. Its traditional dispute resolutionsystem is emerging and developing in the special social environment and geographicalenvironment, it is the concentrated expression of the history, the culture, the socialvalues and the common sense of Yizu, and reflects the universal sense of worth in the Yinationality area. The traditional dispute resolution system exists for a long time, andplays an important role in Yizu area. So, with the conflict between the state law and thecustomary law is seen everywhere, this thesis is trying to research the traditional disputeresolution system and seek appropriate use methods of the folk judicial resources. Thisthesis is divided into five parts:Part1, the summary of the traditional dispute resolution system of Yizu inLiangshan: This part has reviewed and summarized the meaning and duties of Degu,the basis, procedure and character for resolving disputes in historical research method.Part2, the present situation of the traditional dispute resolution system of Yizu inLiangshan: This part has expounded the expression and the change of the traditionaldispute resolution system with the date from field research, analyzed the conflictbetween the state law and the customary law, and explored the reason why Degu isexisting to this day.Part3, the jurisprudential analysis about why to utilize the traditional disputeresolution system: This part analyzed the reasonable connotation of the traditionaldispute resolution system, and the complementarity between the state law and thecustomary law from the perspective of Jurisprudence, provided a theory evidence forusing the traditional dispute resolution system reasonably.Part4, the research about how to utilize the traditional dispute resolution systemreasonably: In the civil field, use use "special jury" system, and combine with "socialcourt"; in the criminal field, combine with the criminal reconciliation system.The conclusion: State law should use the public foundation of the Yizu traditionaldispute resolution system, absorb its reasonable connotation, take its advantage, and make the traditional dispute resolution system to be standard and institutional. Then, theconflict between the state law and the customary law will be eased, the difficulties inthe process of law enforcement will be extricated, and the Yizu area could enter the pathof modern law as quickly as possible.