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Research On The Civil Dispute Resolution Mechanism Of The Miao Nationality In Guizhou

Posted on:2020-06-07Degree:MasterType:Thesis
Country:ChinaCandidate:X Y WenFull Text:PDF
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Dispute resolution has consistently become a long-standing and challenging topic in the development of human society.In particular,with the continuous deepening of China's reform and opening up process,economic and social development has achieved remarkable achievements,but in the meanwhile it also has produced various forms of civil disputes,which puts high demands on the construction of the national governance system.China is a unified multi-ethnic country.As an important part of our national family,ethnic minorities are indispensable in the process of building the rule of law in China.This paper intends to conduct field research on the civil disputes in Guizhou Miao village,combine practical research results with legal related theories,and integrate various dispute resolution methods to explore the rational construction of diversifying civil dispute resolution mechanisms in minority areas,especially the Miao nationality in Leishan County,Guizhou Province.In order to better resolve civil disputes in ethnic minority areas,it makes a contribution to the inspiration for social order governance and dispute resolution in the Miao area of Guizhou.This article consists of five parts:The first part: Introduction.The introductory part mainly introduces the significance of this paper to examine the civil dispute resolution mechanism of Guizhou Miao nationality and the related research background,and analyzes the domestic and international research status related to this paper.Finally,research methods and research ideas of this paper are provided.The second part: an overview of the civil dispute resolution mechanism of the Miao nationality in Guizhou.This part first introduces the basic concepts of the civil dispute resolution mechanism,then elaborates the formation of the civil disputes of the Miao nationality in Guizhou and discusses the development of the civil dispute resolution mechanism in the collision of different legal cultures.The third part: the investigation of the settlement mechanism of the Miao civil dispute in Leishan County.This part briefly describes the author's investigation in the Miao nationality area of Leishan County,Guizhou Province.Depending on the actual situation of the investigation,the principal basis of the civil dispute resolution mechanism of the Miao nationality in Leishan County,the specific operational situation and the formation motivationof the dispute resolution mechanism are discussed.The fourth part: the evaluation of the civil dispute settlement mechanism of Miao nationality in Guizhou.This part firstly analyzes the advantages of Miao nationality civil dispute resolution mechanism,and on this basis,analyzes the limitations of its dispute resolution mechanism in the modernization process.The fifth part: the development and improvement of the civil dispute resolution mechanism of the Miao nationality in Guizhou.Through the above-mentioned argumentation and analysis of the civil dispute resolution mechanism of the Miao nationality in Guizhou,the author believes that today,in the process of accelerating the rule of law in China,to effectively solve the disputes in ethnic minority areas in China,we must fully understand the characteristics of dispute resolution mechanisms in relevant ethnic areas.On the one hand,it is necessary to fully respect the beneficial parts of the traditional customs of the nation,on the other hand,it is necessary to improve China's current ability to resolve disputes through judicial and litigation,and to improve China's non-litigation dispute resolution mechanism.
Keywords/Search Tags:civil disputes, Miao nationality, diversity, customary law, dispute settlement mechanism
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