Jiang Hua Yao Nationality Custmory Law And Its Researching Of Resoluting Dispution

Abstract:Based on the on-the-spot investigation to the Jiang Hua Yao Autonomous County, customary law of Yao nationality and regional disputes solving problems, through visits to the people’s court, Jiang Hua Yao Autonomous County People’s Procuratorate and the representative of the village, Jiang Hua on the customary law of Yao nationality and the dispute resolution in relevant research and discussion.This paper is divided into introduction, the first part to the sixth part of the text, conclusion. The introduction of the research status, research ideas and methods, the significance of the research are summarized.The first part of the concept, characteristics and Jiang Hua customary law of Yao nationality brief introduction of customary law of Yao nationality. The concept of the customary law of Yao nationality mainly introduces what is customary law and the customary law of Yao nationality. Characteristics of Jiang Hua’s customary law of Yao nationality are mainly introduced in this paper. Compared with other customary law of Yao nationality in Jiang Hua customary law of Yao nationality characteristic, namely Yao population, branches, representative; customary law is relatively fragmented, unwritten; because the Chinese level vary significantly; authority, compulsory force by state law; big impact.The second part, introduces the content of Jiang Hua’s customary law of Yao nationality and its inheritance and vicissitude. Three aspects of civil, criminal, administrative details of the existing local customary law of Yao nationality in Jiang Hua Yao Autonomous county. From the cause and impetus of inheritance, two main way of inheritance introduces the method inheritance Jiang Hua Yao habits and main form; from the two aspects of organization and content of recent decades Jiang Hua customary law of Yao nationality changes made a summary of general induction.The third part, combined with the collection of field investigation in the case, analyzes Jiang Hua customary law of Yao nationality in the settlement of disputes, which guarantee the production, development of economy; preventive, check the disputes in the bud; settle dispute, a mediation powerful weapon; serious and strong hands, firmly guarantee implementation; absorption good customs, carry forward the national excellent virtues.The fourth part, two aspects of mediation and litigation in the customary law of Yao nationality in Jiang Hua in the settlement of disputes, two cases in Jiang Hua County excellent mediator Luo Qiuyuan mediation analyses using Jiang Hua customary law of Yao nationality in mediation, analysis using Jiang Hua’s customary law of Yao nationality in the lawsuit of civil, criminal from two aspects through the contact in the court and the procuratorate investigation of the case, and analyzed using Jiang Hua’s customary law of Yao nationality in the lawsuit dilemma.The fifth part, the customary law of Yao nationality in Jiang Hua causes difficulties in resolving disputes were analyzed and summarized, misunderstanding is judge class to customary law of Yao nationality idea; judge class application of customary law of Yao nationality is lack of applicable basis, lack of a unified standard, the judge’s evaluation system is not conducive to the application of customary law conclusion the difficulties in the specific operation.The sixth part, according to Jiang Hua customary law of Yao nationality causes problems in dispute, and puts forward some suggestions: to establish the correct concept of customary law of Yao nationality; customary law of Yao nationality can strengthen legislation to protect the good, useful; customary law of Yao nationality in the judicial role play; flexible use of customary law of Yao nationality make law enforcement more efficient construction of Yao nationality; customary law collection and judgment mechanism; regional advantages into play actively protect and develop ethnic customary law of Yao nationality.The conclusion, based on the local famous folklorist Jiang Hua interviews are summarized in the research experiences and insights. Calls for the meaning and value of attention to "Jiang Hua" and "Jiang Hua" customary law of Yao nationality customary law of Yao nationality in the settlement of disputes, to recognize the "Jiang Hua" customary law of Yao nationality in the settlement of disputes, to protect and develop customary law of Yao nationality.