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Study On Dispute Resolution Mechanism Of Liangshan Yi Nationality

Posted on:2020-08-22Degree:MasterType:Thesis
Country:ChinaCandidate:Z Y LiFull Text:PDF
GTID:2416330572994365Subject:Legal history
Abstract/Summary:PDF Full Text Request
The dispute resolution mechanism of the Liangshan Yi nationality murder case has a long history,is detailed and comprehensive,and is relatively less influenced by the central dynasty and surrounding culture.Its development track and operation mode are unique;it is neither a simple collection of case nor nor,like the continental law,A wellestablished code of statute law cannot be completely equated with common law and case law;it is the creation of practical experience in legal life,and it is a whole that integrates and complements rules and jurisprudence.With the passage of time,the dispute resolution mechanism of the Liangshan Yi murder has undergone tremendous changes.Its specific norms are gradually drifting away with the torrent of the times,but they have not completely dissipated.There is still no influence that can not be underestimated,even in In the handling of murder disputes,many monks still hold the traditional concept.Under such circumstances,if blindly insisting on implementing all the provisions of the national law without compromise,it would be tantamount to simply and rudely denying the objective differences of national differences,cultural differences and geographical differences.Therefore,we should attach importance to and make good use of the local rule of law resources,promote the benign interaction between the Liangshan Yi people's customary law and the state law,and promote the modern transformation of the Liangshan Yi nationality murder dispute resolution mechanism.This paper focuses on the part of the Liangshan Yi murder dispute resolution mechanism that coincides with and conflicts with the national law.Taking the specific case of Liangshanyu District as the entrance,this paper discusses the causes and operation of the dispute resolution mechanism of the Liangshan Yi murder case,and expounds the murder case of the Liangshan Yi nationality area.How can the dispute resolution mechanism play a better role in the process of modernizing the rule of law in China and find a rational path for its modern transformation.The introductory part expounds the reason for studying the dispute resolution mechanism of the Liangshan Yi murder case,the history and current situation of the Liangshan Yi people's customary law research,and the purpose,method,innovation value and inadequacies of the author's research on the dispute resolution mechanism of the Liangshan Yi nationality murder case.The first chapter analyzes the background of the dispute resolution mechanism of the Liangshan Yi murder case from three aspects: economic conditions,social structure and moral concept.These three aspects are not only the background of the dispute resolution mechanism of the Liangshan Yi murder case,but also the background of the judicial status quo of the murder disputes in Liangshan District.The second chapter,based on the national law,classifies the Liangshan Yi murder dispute as "intentional homicide","manslaughter" and "special case",and analyzes the operation mode of its dispute resolution mechanism by specific cases.The specific process of the case handling and compensation projects have been compiled into charts,which have made the Liangshan Yi murder dispute resolution mechanism more clear.The third chapter first expounds the current situation of the dispute resolution mechanism of the Liangshan Yi murder case.Following the above,the three types of "intentional homicide","manslaughter" and "special case" are still divided;then from the legislation,the judiciary,The three aspects of law enforcement respectively discuss the transformation path of the Liangshan Yi murder dispute resolution mechanism and chart the specific system design.In the conclusion part,the main contents of the whole article are briefly summarized,which further strengthens the author's point of view and looks forward to the development direction of the dispute resolution mechanism of the Liangshan Yi murder case.
Keywords/Search Tags:Liangshan Yi, murder dispute, settlement mechanism, customary law, national law
PDF Full Text Request
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