Investigation And Research On The Application Of Customary Law In The Settlement Of Civil Disputes In Ethnic Areas

Customary law as a national minority areas "the Constitution",although the law is not in the true sense, but its existence has a long history and a major influence in the ethnic minority areas, today is still in the minds of the masses of minority occupies an important position. As we know, a certain minority customary law normative, always with norms and guidelines and other ethnic minority people areas of daily production and life behavior, resolve disputes or conflicts between minority people, maintaining social order and villages in ethnic areas harmony and stability, demonstrated the value of national legal resources. In this paper, Guizhou Songtao Miao, for example, by way of questionnaires and visits to investigate in resolving civil disputes ethnic minority people in the area between the use of minority customary law, to understand its use in the case of dispute resolution and practical problems, analyze the root causes of problems and prospects of minority customary law of necessity and feasibility of the use of the minority areas of civil dispute Resolution. For problems found during the investigation through to clarify the legality of minority customary law dispute resolution use, increase recognition of minority customary law, organize and train staff to use the proposed use in non-litigation methods and the use of litigation approach, hoping to use Outlook ethnic minority customary law in civil disputes Settlement Region.The main contents are as follows:The first chapter is an overview of customary law. Meaning comprehensive overview of customary law, historical development, current situation, characterized by its role in social governance, customary law allows for a certain degree of understanding.The second chapter mainly Songtao Miao Autonomous County for the survey, the use of the survey Situation and Problems of the Minority Customary Law in Ethnic Area resolve civil disputes in the presence of, visits by taking and questionnaires to understand their resolve civil disputes, mediation to resolve the dispute, arbitration dispute resolution and litigation in influence in the use of dispute resolution in the case.Chapter III shows the results of the survey on the minority areas of minority customary law in civil disputes to resolve, pointing out that its use is certainly in place to resolve disputes and problems of minority customary law in dispute resolution in the use of factor analysis Restriction analysis problems roots. Feasibility and necessity of the use of customary law Prospects Minority Ethnic Area in settlement of civil disputes, deal with the problems, put forward a sound minority customary law in the use of dispute resolution program, propose solutions to limit the level of non-litigation and litigation levels minority Ethnic customary law in dispute resolution in the use of the recommendations.