| This thesis chooses a minority village,which is located near the southeast border of China,as the actual sense of dispute settlement study to do the field survey.On the basis of the survey,more knowledge about how to resolve disputes in Chinese grass-root society is revealed.Also,studying the judicial system in minority villages in border regions and how the system works is discussed in detail.The case study of minority village in this article is Meng village,inhabited by mainly Wa people and several Lahu people in Cangyuan Wa people's autonomy county,Yunnan Province.At the turning moment of the present society,the social structure and orders of Meng village have already changed enormously.Different from the villages in inland and coastal areas,Meng village still remains its traditional relationship network and national culture of the society,which is also the reason that this village is selected as the target of research.In the study of disputes settlement and actual motion of judicial system in Meng village,firstly this thesis clearly shows the basic information of Meng village including the status of economic development,structure of village administration,migration of population,establishment of village organization,self-governance,religions,the implementation of national laws and the actual motion of village regulation and non-governmental agreement in Meng village.Based on these actual situations,we canlearn that national laws run well in most criminal offences in village.However,there are a few criminal offences happened in the village,most of which are related to civil and family disputes.In daily lives of Meng village,the implementation of national laws is very limited.Instead the people's mediation and resolution of disputes by village cadres are playing a huge role.Therefore,this thesis uses the types of local authority as starting point to analyze how they evolve with the changing society.Also,why nowadays the village cadres play such an important role disputes settlement is explained.Besides,this thesis shows how the village cadres solve disputes with real examples and their real effects on the process of solving.This article also notices the fact that since the construction of people's mediation committee at the village society level is always sharing the same group member with the self-government organization in the organization construction of village,the village cadres is always in the people's mediation committee,thus becoming the main disturbance handler in village.In addition,this thesis discusses how the formal grassroots judicial organizations such as the primary courts,office of justice and other relevant departments in township government affect the disputes solving in village and tries to understand the comprehensive system of disputes settlement in Meng village.In the conclusion of this study,to avoid biased views in case study,the experiences of this case study is put into a larger study background that is the rural legal system,legal construction and the harmonious and stable development of frontier minorities.The main conclusions are provided:1.Since Meng village has its own typical society and the disputes especially the civil disputes are not comply with the legal format,a wider sense should be put in the study of rural legal system.2.The grassroots society governance will certainly be ruled by law and this will also apply to the ethic work.But this cannot be accomplished without considering the actual situation of the frontier minorities and villages.If we want to build a favorable environment to implement the rule of law and let the minority villagers know what is the law,how to use the law and what the law can do to help them,we should learn more about how existing systems work in village especially the disputes solving system in village.Only by realizing the realistic condition can we know where the future trend will be. |
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