On The Existing Problems Of The Legal Settlement Mechanism Of Chinese Ethnic Disputes And The Countermeasures,E.G.,Xiangxi Tujia & Miao Autonomous Prefecture,Hunan Province

The report of the Nineteenth National Congress of the Communist Party of China pointed out: "We must fully implement the Party’s ethnic policy,deepen ethnic unity education,build a common sense of the Chinese nation,and promote all ethnic groups to hold together like pomegranate seeds,to work together in unity,common prosperity,and development," to implement the spirit of the Party Central Committee,we need to study in-depth how to better incorporate the issue of resolving ethnic disputes into the comprehensive management of the country according to law,and seek countermeasures from the perspective of the rule of law.In terms of specific practice and application,the study of the legal settlement mechanism of ethnic disputes has a positive significance.His goal is to continuously standardize and improve the control and dispute resolution mechanism of social order and maintain social harmony and healthy development.Since ancient times,my country’s ethnic composition has been complex,and there are many legal,cultural resources in ethnic regions.Many ethnic regions have their unique ways and solutions for ethnic disputes,with a strong local flavor.After the establishment of judicial and administrative organs such as legal prosecution and judicial and public security,consider how to reasonably and legally implement the ethnic and political policy principles,judicial litigation policies,and administrative law enforcement policies of the party and the state in minority areas,to properly resolve ethnic disputes and form a set of scientific Efficient and mature ethnic dispute legal settlement mechanism is a subject worthy of research and analysis.With the maturity of modern information technologies such as artificial intelligence,the Internet of Things and 5G,China is in a period of drastic social transformation,social relations are increasingly showing a diversified development pattern of subject and object,and multiple stakeholders and ethnic disputes are gradually difficult to simplify To deal with it,the disputeresolution methods also show a diversified development trend.Laws and specific ethnic policies have always been used as an important mechanism for resolving social conflicts and conflicts.They are regarded as the last insurance for maintaining social justice and order and should be maintained with Keeping up with the times to meet the needs of social development.This article is divided into four chapters.First,it analyzes the basic issues related to ethnic disputes,defines the concepts and characteristics of ethnic disputes,and then summarizes the current status of the operation of ethnic dispute resolution mechanisms in China,as well as the existing legislative,law enforcement,judicial and supervisory aspects.Problems,and then analyze the factors that affect the effectiveness of the legal settlement mechanism of ethnic disputes in China based on the existing problems,and put forward corresponding suggestions on this basis.Chapter One starts with the concept and basic characteristics of ethnic disputes and the status quo of development and analyzes in detailThe connotation of ethnic disputes and its characteristics of universality,complexity,importance,long-term,etc.introduced the differences between ethnic disputes and ethnic,regional disputes,ethnic contradictions,and ordinary social disputes.Finally,Xiangxi Prefecture was used as an example to introduce the tradition of ethnic disputes.Type and evolution.The second chapter focuses on the inspection of the status quo of the ethnic dispute resolution mechanism in China.On the one hand,it summarizes the status quo of the ethnic dispute resolution mechanism from many aspects,on the other hand,from legislation,law enforcement,judicial and procedural supervision,etc.This section summarizes some existing problems.Chapter 3 analyzes the factors that affect the effectiveness of the legal settlement mechanism for ethnic disputes in China based on the above problems.For example,the legal definition of basic concepts such as ethnic disputes is not clear;the economic foundation of ethnic minority areas is relatively backward,and the development between regions,urban and rural areas is not Balance issues are easy to lead to the objective facts of ethnic disputes;the complex ethnic composition and cross-dispersion characteristics lead to the increase of disputes and the difficult use of legal mechanisms;the backwardness in the construction of professional cadre teams leads to the low efficiency of using legal mechanisms to resolve ethnic disputes;The party and state’s ethnic policies and relevant principles and guidelines for handling ethnic issues have not been properly implemented,which has greatly reduced the efficiency of the dispute resolution mechanism.Chapter 4 puts forward some specific suggestions,methods,and methods to improve the legal settlement mechanism of ethnic disputes in my country.Including clarifying the legaldefinition of some basic issues in ethnic disputes;making good use of the autonomy of ethnic minority areas,integrating customary laws among ethnic groups for scientific legislation,enhancing the predictability and acceptability of legal mechanisms;and strengthening the foundation of professional cadre team building On top of that,improve the mechanism for selecting and appointing professional leading cadres in ethnic minority areas,and recommend the deployment of ethnic law commissioners for public power organs;strict responsibility system and the strengthening of the public’s awareness of the rule of law at the same time to enhance the effectiveness of the legal mechanism;highlight the guiding role of typical practices,On the one hand,it popularizes the good experience and practices in resolving ethnic disputes in some ethnic areas.On the other hand,it appropriately publishes representative guiding cases publicly to provide the latest experience in the judicial practice of resolving ethnic disputes.