Research On The Conflict And Fusion Of Settlement Mechanism And State Law In Liangshan Yi Traditional Dispute

Yi is one of our country with a long history of ethnic minorities, liangshan prefecture of sichuan province is China’s greatest diversity of yi nationality in the southwest. The traditional dispute resolution mechanism in liangshan yi region today still play an important role.In the liangshan yi area is still alive with a special kind of dispute settlement mechanism, it is when the people of liangshan yi area dispute the main way to resolve the dispute. Even national legal system has been increasingly complete, the publicity also entered innumberable families, but in the actual legal use, did not achieve the ideal effect of application of national law in liangshan yi region, apply common law dispute case still can be seen everywhere, cause there are inevitable conflicts between national law and customary law. The traditional dispute resolution mechanism of national law in ethnic minority areas how to implement the benign flexibility and how to apply to the national law has the extremely important practical significance.The harmony, stability, human rights protection in ethnic areas and cultural regeneration has important practical significance. In view of this, this article will illustrate by seven parts:The first part, preface: dispute resolution mechanism for writing minorities and national law of conflict and fusion research outline of bedding, points out the study has been imminent.The second part, the introduction, including the research significance, research purpose, research methods and literature review. By China academic journal network literature search and book reading, of liangshan yi nationality traditional dispute resolution mechanism is a system review, so as to provide a relatively rich literature of the authors of the paper.The third part, the liangshan yi people’s traditional dispute resolution mechanism and its characteristics: based on the systematic of the customary law of liangshan yi nationality, to new understanding of liangshan yi customary law, and on this basis, further explains the connotation and characteristics of liangshan yi nationality disputes settlement mechanism.The fourth part, the status quo of liangshan yi nationality traditional dispute resolution mechanisms and reasons of the in contemporary continue: in the country, with the construction of the rule of law in China calls for living in the less developed areas of liangshan yi society, the traditional dispute resolution mechanism is still maintained a strong vitality, this article introduce the mode of the traditional dispute resolution in the running status of liangshan yi area, further analyses the reason of its in contemporary continues.The fifth part, liangshan yi’s dispute settlement mechanism and national conflict: traditional dispute resolution mechanism and national law exists serious conflict phenomenon in the field of civil, criminal, and previous researchers mainly study on theory of conflict of the two, the author in this part mainly in the form of case analysis on the conflict between traditional dispute resolution mechanism and national law classify discussed, in order to analysis of the conflict of the two more vivid and concrete.The sixth part, liangshan yi dispute resolution mechanisms can be integrated with the national law: in liangshan yi people’s traditional dispute resolution mechanism of interpretation and its conflict with national law, based on the analysis of how to realize the fusion of national law and customary law puts forward the proposal of fusion: national law and customary law complement each other, realize diversified dispute settlement mechanism; To further perfect the dispute settlement mechanism; In a rational and practical attitude to customary law.The seventh part, conclusion: the system analysis of liangshan yi nationality traditional dispute resolution mechanism and on the basis of national law conflict performance, seek reasonable ways to merge with national law, and extended to the reference for other ethnic minorities also have "China dream" for countries to achieve the rule of law.