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On Dispute Resolution Mechanism In Multi-national Area Of Gansu Province

Posted on:2014-08-24Degree:MasterType:Thesis
Country:ChinaCandidate:T XiFull Text:PDF
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Abstract:As is known to us, China is such a large and multi-ethnic country that it is of great significance to setting up a fair and just dispute resolution mechanism under diverse social life, which is conducive to the building of a harmonious and rule-by-law society. Gansu province is such a province that ethnic groups live in individual concentrated communities in small areas and yet there inevitably emerge diverse types of disputes, having regional characteristics, due to different religion, customs, culture and economy.Therefore, against that general background, Gansu province has formed its own unique dispute resolving mechanisms, on the basis of its geographically conditions and diverse cultures. In the eastern part of Gansu Province, based on the Hui nationality living in scattered communities and local Buddhist culture, disputes are resolved by taking a good advantage of a single or a hybrid of two religious creed to resolve disputes. On the basis of its local condition and other elements, Dingxi City in the western part of Gansu Province makes good use of people’s mediation and becomes the pilot zone of "judicial confirmation mechanism ahead of mediation agreement". The southern region of Gansu, fully takes into consideration such as religion, culture, customs and geographical conditions, and forms unique dispute resolution mechanisms such as "compensating one’s life","grabbing-bride" and "homostasis revenge" in the Tibetan Autonomous Prefecture in the Southern Gansu Province. The central part of Gansu Province gives full paly of religious creeds to resolve social disputes caused by drug trade. In Hexi corridor, dispute resolution mechanisms are characterized with regional cooperation, and Jiayu Guan city treats "Mediation Centre" as an experimental dispute resolution mechanism. In addition, there is a practical dispute resolution mechanism of "General Law Propagandizing Teams" for herdsmen in this area.While constructing their own dispute resolution mechanisms based on their own unique religion, culture, custom and economy, different parts of Gansu province are facing difficulties and obstacles in their way ahead. These obstacles center on the religious mediation, general law propagandizing teams, the judicial mediation agreement and the letters of earthquake victims. Only when these difficulties and obstacles will be dealt with properly and overcome eventually can diverse dispute resolution mechanisms in Gansu province be further improved.
Keywords/Search Tags:judicial activism, conciliation, religion, folk law, dispute resolution
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