Research On The Changes And Dispute Resolution Of Jin Xiu Yao Nationality Customary Law

In China, the conflict of state enacted law and customary law integration has always been impressive.The Yao nationality customary law of JinXiu Yao autonomous county as a typical in the field of customary law in China, there is a research upsurge in the legal science for thirty years.The Yao nationality customs of JinXiu is a wide range of ethnic cultural resources which worth continue to research and development.The purpose of research on the changes and dispute resolution of JinXiu customary law is exploring and discovering how to implement national customary law under the strong influence of national law to be effective, it has both theory and reality necessity.The Shi-Pai law as the core of JinXiu customary law, since the Ming dynasty in the maintenance of social order, solve disputes and protect the interests of the Yao nationality people’s various plays an irreplaceable role in the long run.The article main part content is as follows:The first part, a relate described in brief of JinXiu Yao nationality customary law. This part discusses the relationship between JinXiu Yao nationality customary law and customary law, JinXiu Yao nationality customary law belongs to common law, the relationship between JinXiu Yao nationality customary law and national laws, etc.The second part, the paper expounds the changes of JinXiu Yao nationality customary law.Contains with the changes of the contentd and system in Shi-Pai law, the paper focus illustrates the new Shi-Pai law and customs are the main existence form after JinXiu Yao nationality customary law change, etc.The third part,the paper analyzes the significance of JinXiu Yao nationality customary law in dispute resolution.Represented by new Shi-Pai stone of JinXiu Yao nationality customary law to disputing resolution method, reveal social value pursue and realizing the respect national legal culture, and contribute to the purpose of the profit of the local ethnic pranayama disputes, safeguard case for balance.The fourth part, clarified present situation of the dispute resolution about JinXiu Yao nationality customary law.In modern dispute resolution, it can still protects people’s living body and property security, rights of forest and land, adjustment of marriage and family relations and pranayama creditor’s rights debt disputes.The fifth part, analysis the insufficient reason of dispute resolution about JinXiu Yao nationality customary law.The insufficient mainly embodied at the common law position is low, the applicable scope is limited, do not have modern compulsory execution, dispute resolution is given priority to with fines, means a single.The sixth part, this paper puts forward the corresponding suggestions to perfect the JinXiu Yao nationality customary law and dispute resolution.By standardizing JinXiu yao nationality customary law, appropriating introduced legislation category, which is based on customary law, architecturing JinXiu regional mediation mechanism, establish JinXiu Yao nationality customary law and the villagers’ autonomous organizations at the grass-roots level parallel track system, in order to realize the disputes settled satisfactorily.The article obtain the important real case and the material was basis on the field investigation. It try to stand on the position of restoring the changes of JinXiu Yao nationality customary law to expound point of view, detailing the dispute resolve in customary law related to the practical situation and found that the historical mission of the JinXiu Yao nationality customary law has not finished.On the basis of above, this article would further explore JinXiu Yao nationality customary law and dispute resolution of added sound advices.To explore and learn from Shi-Pai law system experience. It can realize multiple choice of dispute resolution, can be in ethnic areas and even the national disputes properly solve provide beneficial train of thought.In the same way,it is beneficial to promoting the development of Chinese harmonious society.