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Family Support, Identity And Yi Customary Law Practice Logic

Posted on:2014-09-11Degree:MasterType:Thesis
Country:ChinaCandidate:B ZhangFull Text:PDF
GTID:2266330401458547Subject:National Law
Abstract/Summary:PDF Full Text Request
The Liangshan region is mainly the Yi peoples’agglomeration in China. After the Democratic Reforms, the “Great Cultural Revolution”, reform and opening up, traditional Jia Zhi in here was still in a dominant position in local society. Although National Legal System classifying dispute resolution into their management scope step by step, and judicial remedy increasingly becomes the most important dispute settlement methods, folk dispute resolution mechanism has still played the important or even the most important role in the Yi nationality in Liangshan District. The existing related research has made a very beneficial discussion about the civil dispute resolution mechanism, however, the relationship among the Jia Zhi, Jia Zhi members’ identity and dispute resolution are the space for further thinking and research.As the existing research shows that Jia Zhi plays the positive role in maintaining the stability and promoting dispute resolution in The Yi People district. But at the same time, being independent and autonomy also brings negative effects. At home, Jia Zhi probably makes use of its ascendant to support or increase injustice rather than decreasing injustice; from abroad, Jia Zhi is likely to damage the interests of the wilder public so as to preserve its members’ narrow egoism. In Yi’s district, the production of dispute and its resolution emerge such problem. The formation and resolution of the dispute in Liangshan district have the close and even the direct relationship with Jia Zhi. On the one hand, in the formation of dispute, members of Jia Zhi have potential conflicts among multiple identities. Due to team members’ strong control ability, members of Jia Zhi are facing hard choices of identities. It directly and indirectly caused many disputes and contradictions. In the dispute resolution, Jia Zhi replacing the parties in dispute becomes the main body of the dispute resolution. Individual interests of members of Jia Zhi are covered by interests of Jia Zhi. Jia Zhi still has the dominant effect. Hence, Jia Zhi and identities have existed subtle relevance.The dominant of Jia Zhi is probably beneficial for the formation and resolution of dispute. But at the same time, it may violate interests of members of Jia Zhi. Hence, the process of the formation of dispute and resolution also more or less strengthens or lessens identities of Jia Zhi. Moreover, in the dominant of Jia Zhi, members irrespected and reasonably treated may "escape" Jia Zhi. As a result, Jia Zhi is in danger of collapse. Meanwhile, the decline of Jia Zhi also largely influences or even determines the fate of the closely connected traditional Yi customary rule.
Keywords/Search Tags:Jia zhi, Identity, Yi customary rule, Dispute resolution
PDF Full Text Request
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