The Conflicts And Adjustments Between The Traditional Settlement Mechanism Of The Liangshan Yi Nationality's "finalization And Completion" Case And The National Law

Sichuan liangshan yi autonomous prefecture is the most populated area in China.Even in the national legal system has passed at least effective propaganda in form and "into" the yi culture today,yi district civil disputes solution,for the most part,still rely on traditional mechanism,yi "cuo que bi" indeed the case(i.e.,"lives compensation cases")especially,this led to the national law and yi people's traditional settlement mechanism especially "cuo que bi " cases there are inevitable conflicts between settlement mechanism.Study yi "cuo que bi " cases of the traditional settlement mechanism of the national law in ethnic minority areas how to realize the benign adjustment flexibility and how to apply to the common law has very important practical significance,building a harmonious socialist society in ethnic areas and the value of the realization of rule by law in contemporary civilization more deeply.Apart from introduction and conclusion,the article is divided into four parts:Chapter 1,"cuo que bi" and its phenomena.Of Liang Shan yi nationality "cuo que bi" and its phenomenon,for a complete description of the concept of "cuo que bi" indeed,types,social background and causes of formation,comprehensive understanding,and on this basis,further interpretation of the liangshan yi "cuo que bi" the connotation and features of dispute settlement mechanism.Chapter 2,the present situation of the settlement mechanism of "cuo que bi".Through in-depth analysis of specific cases,this paper interprets the significance and value of this traditional dispute resolution mechanism in today's society.Chapter 3,the conflict between the settlement mechanism and the national law.From the idea,the entity and the procedure of multiple perspectives: theoretical research way,through the "cuo que bi" case settlement mechanism and the legal position on t he stand of the differences,the differences between the entity and the handling process three aspects elaborates the cuo que bi" case settlement mechanism and the dislocation of the modern concept of rule of law;The law;The difference between the basis and the standard in the entity difference and the difference in compensation and liability identification;In the process difference,the author studies the subject,the solution and the procedure.Chapter 4,the adjustment of the settlement mechanism and the national law.Established law.Established in liangshan yi region from hybrid "cuo que bi" the necessity of the dispute settlement mechanism,retention,and play a "cuo que bi" case of the positive role of traditional dispute resolution mechanism,"cuo que bi" case settlement mechanism reform.