Difficulties And Ways Out For The Legal Settlement Mechanism Of Grassland Disputes In Tibet ——A Case Study Of Dangxiong County

Grassland is an important material guarantee for herdsmen’s survival and development of their generations.In pastoral areas,grassland disputes are a very prominent social problem,which seriously affects the social stability and normal life order of pastoral areas.Historically,the mass struggle around the grassland and grassland boundary issues frequently hasoccurred,resulting in a variety of tragedies.However,with the development of the times,grassland disputes have shown a trend of diversification,complexity and specialization.The emergence of new types of grassland disputes has posed a very severe challenge to the governing ability and regional development of local governments.This study takes grassland disputes in Tibet as the orientation,and takes grassland disputes in Dangxiong County and their resolution mechanism as a case study to explore a new path for the legal settlement mechanism of grassland disputes in Tibet.Based on this,this paper further analyzes the current situation of grassland disputes in Dangxiong County,the main ways to solve grassland disputes,the causes of grassland,and the difficulties of legal solutions through practical research method and literature analysis method.First of all,with the development and change of the society in pastoral areas,the form of grassland disputes has gradually changed from a single grassland boundary dispute to a diversified new form of dispute,which will increase the complexity of grassland disputes and put forward higher requirements and standards for local judicial organs and government departments to some extent.Secondly,in terms of the way to solve grassland disputes in Tibet,there are not only“customary law”-led dispute resolution methods,but also legal dispute resolution mechanisms that intervene in state authoritative statutory laws.The main solutions within the scope of customary law include “the way to solve disputes with group private relief","private mediation methods involving multiple subjects","damage compensation methods",etc.In respect to Statute low,there are two settlement mechanisms: litigation and administrative mediation,with administrative mediation as the leading and supplemented by litigation.Thirdly,Through literature review and the actual situation in Dangxiong County,this article summarizes the main causes of grassland disputes into two points: on the one hand,it is difficult to implement the grassland property rights system.On the other hand,there areshortage of grassland resources.Combined with the reasons for the occurrence of grassland and some of the above-mentioned theoretical expoundations,this paper believes that there are difficulties in the legal settlement mechanism of grassland disputes in Tibet,including difficulties at the institutional level,difficulties in the process of administrative law enforcement,the improvement of the initiative of judicial organs,and the dispute resolution mechanism for people in pastoral areas.Finally,four countermeasures and solutions are put forward for grassland disputes: First,it specifically includes improving and refining the relevant provisions at the level of the system.Second,improve the comprehensive quality of administrative law enforcement personnel.Third,strengthen the initiative of the judiciary.Fourth,enhance the awareness of the rule of law among the people in pastoral areas.Given the above,the author grew up in the pastoral area of Dangxiong County and was familiar with the local culture of the pastoral area.It has certain advantages with in-depth research on grassland disputes and their solutions from the perspective of the partiesconcerned.It is expected that some contributions to be made to the settlement of grassland disputes,unity within the people and future development for my hometown.It is also the original intention of drafting the grassland dispute resolution mechanism as the research topic of the dissertation.