Research On Wendou's Disputes Settlement In Miao Minorities Of Southeaster QIAN District In Qin Dynasty

In recent years, an increasing number of scholars, experienced in Law field, gradually change their studying perspective to legal system, from the extensive theoretical system to empirical conversion. Due to the multiple theoretical system of legal pluralism and cultural diversity, modern scholars have learnt and adopted other studying methods from Sociology, Ethnilogy and Anthropology in the process of exploring the origins and evolution of law, instead of confining their measures to one certain subject. They attempt to make a useful exploration to the interaction between state law and the traditional law, which led to the academic importance of the issue of legal pluralism. When the orders and customs in Han has gradually passed away with its history because of its economic development, the minorities, deeply influenced by the Han culture, have reserved relatively completed nation's customary law and certain mark of the Han culture, resulting from the remoteness, harsh natural environment, the isolation with out world as well as comprehensive effect of geography and history, all of which provide modern scholars with the first-hand information to objectively look at the traditional law.Because of the convenience of Qingshui river and abundant forest resources, Wen Dou Miao Village in the Qing Dynasty had a prosperous economy, in a sense, resulting in the primary appearance of commodity economy. The original village has been greatly affected by the various interests and Han culture brought by the merchants, and former social relationship become increasingly complex that it was rapidly finished. However, in the course of history, surrounded by water and obstructed by mountains, this area maintained the combined law and order of Han culture and unique Miao ethnic culture, which offers an important support when we study the process of disputs settlement of Wendou in the Qing Dynasty; It is of great importance for today's exploration to the objective and the true meanings of China's traditional law.The current study of Wendou's disputes resolution at home and abroad is mainly focused on forestry research contract while the full litigation documents study of the Big Dipper is still a blank. On contract research, scholars from Japan like Hiroaki Terada, Shiga, Takao Tanase, has analysised the types and settlement of disputes from Wendou forestry contracts. But as the result of cultural differences and lack of enough information, these scholars'research cannot reveal the dispute resolution true to reality in Wendou community during the Qing Dynasty. Moreover, based on the findings of Japanese exports, scholars at home started to resesrch the dispute resolution. Inevitably, they also limited their research methods to traditional static analysis to legal system. However, the dispute settlement is a dynamic process, therefore the current research on Wendou community in the Qing Dynasty failed to restore the true picture of dispute resolution. Today, the findings of more contracts, together with the discovery of manuscripts of litigation documents, provide full and accurate information for the study on dispute resolution of Wen Dou Miao Village in the Qing Dynasty. It helps us to show the Qing Dynasty Wendou handle disputes" real "process of the whole picture by starting from the text, using the Law of anthropology, "Dispute Case research methods "and some typical cases, using dynamic process analysis. In detail, this article consists of 3 parts: the introduction, the body and the conclusion. In he introduction part, the author beriefly describes the natural geography, the origination of ethnic and social profiles of Wendou. In the first part of the body, the author aims to analyse Wendou's litigation documents in details, and conclude its own characteristics of content and formation. The second part is about the types of the dispute resolution about the litigation documents. The third part is about the exploration of the dynamic vision of development and processes of Wendou's dispute settlement along with the academic value and theoretical significance concluded by using "process analysis"- research methods. In the conclusion, the author tends to give a brief summary of the meaning of Dispute Resolution Research on Wendou. In the discourse, the author seeks to adopt both "Theme" and "Class", in order to avoid accumulating information that is common in the pure"Theme Research"methods, at the same time to overcome the shortcomings of being prejudiced by first impression or quoting some marks out of the context common in the pure"Class Research"methods.This article focuses not only on the orders of the disputes settlement with static interpretation, but also the accurate description of its relationship with the local primitive religions, social organizations and economic relationships among close interaction. It attempts to restore the the real picture of social disputes settlement in Southest Qing in Qing Dynasty of China to provide a reference to establishing a sound dispute resolution system and promoting rule and development of law.