Study On The Customary Law Dispute Resolution Mechanism Of Miao Nationality Villages

The dispute settlement mechanism in common law of the Miao is a code standard which developed from human's daily working after thousands of years.It was improved accompany with continuously development of Miao common law and holds the balance for the the Miao's development.Also,it has great impact with the the Miao's life style.Recently,the research for dispute settlement mechanism of minority has raised highly concern of some scholars.The public have deep discussion with this topic.Studying the dispute settlement mechanism in common law of the Miao can not only explore and analyze symbiotic multiple national culture but also drive the establishment of democracy and the rule of law.This text is established in socialism rule of law theory with Chinese characteristics.It has systematic discussion with the research for the dispute settlement mechanism in common law of the Miao by multiple method,such as historical analysis method,documental analysis method,comparative analysis method,etc.The first parts analyzed some elements of the dispute settlement mechanism in common law of the Miao like its origin,current remains and forming reason.Firstly,combing the the Miao's life style,common law,dispute settlement concept and formation process of dispute settlement mechanism.By this way,we can get the basic features of the the Miao's life style and common law which are unique and holistic,then know the Miao's dispute settlement concept and finally summarize the formation process of dispute settlement mechanism.Secondly,analyzing current remains of the dispute settlement mechanism in common law of the Miao help to know its current connotation.At last,analyzing forming reason of the dispute settlement mechanism in common law of the Miao.The result shows the forming reason of this mechanism is relying on the development of common law,geographical resources,production and life style.The second parts analyzed the details and operation of the dispute settlement mechanism in common law of the Miao.It mainly focus on analyzing dispute settlement subject,dispute settlement type,dispute settlement method and the service regulation.With these analysis,we can summarize the effect and application of the the Miao's common law when settling dispute.The third part analyzed and evaluated the dispute settlement mechanism incommon law of the Miao.The result shows the dispute settlement mechanism in common law of the Miao can help with order sense,national cohesion and behavior guidance.It also shows this mechanism has its special advantage.The forth part completed the scheme of the dispute settlement mechanism in common law of the Miao.Firstly,it summarized the key feature of this mechanism.Then,analyzing the obstruction factor of dispute settlement.Finally,coming out the detailed scheme on how to complete this mechanism.