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A Study On The Institution Of Bilingual Trial Within The Region Inhabited By The Ethnic Minority Without Writing System

Posted on:2020-03-16Degree:MasterType:Thesis
Country:ChinaCandidate:R X MaFull Text:PDF
GTID:2416330572494573Subject:Legal theory
Abstract/Summary:PDF Full Text Request
China is a unified multi-ethnic country with the Han nationality as the main body.Therefore,the judicial organs generally take Chinese language as working language.However,there are still some minority people who cannot understand Chinese in the minority areas,and they have language barriers in the process of participating in litigation and safeguarding their rights and interests in accordance with the law.Language barrier has become a factor restricting the quality of litigation in minority areas.This requires the law from the local reality,through continuous adjustment to meet the people's urgent needs for dispute resolution,rights and interests protection.To this end,domestic legislation gives citizens of all ethnic groups the right to use their own language to carry out litigation.People's courts in ethnic areas also use Chinese and ethnic languages to hold court hearings and provide legal services related to cases.Therefore,the author believes that it is of certain theoretical and practical significance to study the specific practice of bilingual trial system in China's ethnic areas.Bilingual trial is a practical research topic.To study the bilingual trial in China's ethnic areas,we must have a comprehensive understanding of the operation state of bilingual trial in the basic people's courts in ethnic areas.It is worth noting that previous studies on such issues focused on the ethnic groups with both languages and characters,while there was a lack of further research on the specific ways,litigation effects and existing difficulties of bilingual litigation for ethnic groups with languages but without characters.The case selected in this paper--Dongxiang Autonomous County is an autonomous county with the dongxiang nationality as the main body,and is also the birthplace and settlement of the dongxiang nationality in China.Dongxiang nationality has minority languages but no corresponding text.In addition to the introduction,there are four chapters in this paper:The first chapter elaborates the implementation motivation and realistic demand of bilingual trial system in minority areas.The second chapter is an empirical analysis of the operation of the bilingual trial system of the grassroots people's court as the research site.The thirdchapter,based on the empirical analysis of the bilingual trial in the basic people's courts in ethnic areas,evaluates the effect of implementing the bilingual trial system in ethnic areas from the positive and negative aspects of the bilingual trial practice.The last chapter prospects the possible direction of effective implementation of bilingual trial system in ethnic minority areas from two aspects: system-level matching settings and overcoming difficulties in bilingual trial practice.If this paper is beneficial to the promotion of bilingual trial work and the acceleration of the construction of bilingual trial team in minority areas,it will be a great honor.
Keywords/Search Tags:minority region, unwritten language, ethnic dongxiang, institution of bilingual trial, practice of bilingual trial
PDF Full Text Request
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