Study On The Dispute Resolution Customary Law Of Li Minority And Its Contemporary Enlightenment

The dispute resolution customary law of the Li minority is a customary norm which is formed spontaneously to restrict internal conflict, settle the dispute and then realize the effective governance of Li area by the Li people in the long period of social and historical development. With the development of time and deep one of the rule of law, although the dispute resolution customary law of Li minority has been replaced by modern national law, in the process of dispute resolution, the value and characteristics reflected by Li traditional customary law has great reference meaning to current diversified dispute-settling mechanism and legal construction. In view of the point, this article tries to explore the dispute resolution customary law of Li minority on the basis of fieldwork and document research.The first part is the analysis of the generate path and the basic feature of the dispute resolution customary law of Li minority. As an important part of Li customary law, its generate path follows the rule of taboo, custom and then customary law. Through the rule, we can get eight characteristics of the dispute resolution customary law of Li minority. They are character of national, habitual, native, regional, spontaneous, mandatory, stable and variable.The second part is the induction of the ways of dispute resolution and accepted characteristics of the dispute resolution customary law of Li minority. Under the special history and social organizations background, the dispute resolution customary law of Li minority formed a diversified dispute resolution, which is based on heads mediation, and also fight and god-judgement. Through the analysis, as an important way of dispute resolution, there are three accepted characteristics, including different accepted subjects, different accepted ways and clear accepted levels.The third part is the analysis of the principle and program of the dispute resolution customary law of Li minority. In Li area, it not only forms the dispute resolution principle like internal priority、peaceful solution and fair treatment, but also details the program specification in the concrete operation process. Whether it is the establishment of the mediation organization and use of evidence, or is the dispute parties’confrontation and resolution results’ confirmation of affection, they are all independent and characteristic.The last part is the discussion of the objective value and contemporary enlightenment. There are abundant objective values like efficiency, order and justice in the dispute resolution customary law of Li minority, which give us infinite enlightenment. Especially in the context of the socialist rule of law with Chinese characteristics, we should objectively evaluate the effect of the customary law in the process of dispute resolution in minority area, realize the conflict between customary law and national law, promote the interaction and then promote legal construction of the diversified dispute resolution mechanism.