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A Study On The Choice Of The Dispute Resolution Mechanism Of The Protection Of Rights And Interests Of Minority Women In Rural Areas

Posted on:2017-03-20Degree:MasterType:Thesis
Country:ChinaCandidate:J G ZhaoFull Text:PDF
GTID:2296330488450216Subject:National Law
Abstract/Summary:PDF Full Text Request
Women are the great force of human civilization, social propped up "half the sky", it is to promote social development and progress of an important force. Since the founding of the people’s Republic of China, supported by the government, the authority came up with a number of relevant laws and regulations to protect the rights of women in legal. In the perspective of laws and society, the level of women’s rights protection is always represent the fairness and system of laws. Although women obtain the protection from the relevant laws and regulations, when their interests are threatened, the more concern should be how to deal with their disputes.Currently, China is still a developing country, and the urban society-rural dual economic structure still exists. At the same time, our country is a multi-ethnic country with fifty five national minorities distributed throughout the country, minority women in rural areas play important roles in the development of these areas. Research on the judicial dispute resolution mechanisms for minority women in rural areas will help protect their interests, as well as the improvement on conducive to China’s minority areas in rural Dispute Settlement Mechanism, what’s more, it will protect the rights of minority women in rural areas at a higher level.Minority women living in rural or more remote mountain villages blocking the exchange of information, the Internet restricted equity and some traditional customs, feudal and religious teachings and other unwritten social rules easily damaged. Traditional dispute resolution mechanisms, including customs. habits, ethics, local rules or regulations, and other religious doctrine prevailed, and often damage to the interests of women, and as the country’s official normative and mandatory judicial dispute resolution mechanism can not play its due role.Taking minority women in rural areas as the research object, be it after a dispute dispute resolution mechanism chosen to resolve disputes related factors were analyzed to explore the judicial dispute settlement mechanism to resolve disputes in the realization of this stage, to protect the interests of rural minority women the shortage exists, and many factors influence the choice of the analysis, to find judicial dispute settlement mechanism to resolve disputes with traditional links between the mechanism and the balance point, in order to achieve the protection of Reflection rural Minority women’s rights.Based on the rural ethnic minority areas in Yunnan Xishuangbanna to research a destination, the women in the study disputes minority areas. Questionnaire data analysis and interviews, found that protection of women’s rights in rural ethnic minority in the region too dependent on traditional dispute resolution mechanism, but we ignore the value and use of judicial dispute resolution mechanism, although traditional dispute resolution mechanisms for dispute resolution effect is far from dispute judicial settlement mechanism to protect their own interests, but women still want more use of traditional dispute resolution and settlement of disputes.The theme of this article is to explore the rights and interests of ethnic minority women in rural areas after the dispute, the dispute settlement mechanism. Two specific problems are discussed in this paper, one is the dispute settlement mechanism (national or folk) can provide effective relief resources, so as to safeguard the legitimate rights and interests; second of minority women in the countryside in the choice of dispute solving mechanism (national and folk) existing problems are analyzed. And in the end puts forward the following Army:should in fairness, justice, modern justice value orientation, to judicial dispute settlement mechanism as the center, to the traditional dispute solution mechanism of beneficial ingredients to absorb and learn from, in close connection with the actual development of society in the rural areas of minority, build a conform to the standards of modern judicial civilization and considering multi ethnic regions in the traditional culture of dispute settlement mechanism, to better maintain and safeguard the rights and interests of minority women in the countryside.
Keywords/Search Tags:Rural minority women, Traditional dispute resolution mechanism, Dispute resolution rechanism
PDF Full Text Request
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