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An Analysis of Dispute Settlement Meachanism of the Li Nation

Author: LuoTao
Tutor: TongGuangZheng
School: Hainan University
Course: Legal History
Keywords: The Li nation Customary norms Dispute settlement mechanism Order
CLC: D926
Type: Master's thesis
Year: 2010
Downloads: 75
Quote: 2
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Abstract

The Li national minority is the first inhabitants of Hainan Island as a member of the Chinese nation also has a long history. Li nationality in Hainan’s economic development, development, production and living together formed a distinct national features of this customary law. In such a framework of customary law, social order remained essentially a " Spontaneous " order. However,, Li did not the national language, which records the history of Li traditional literature the lack of customary law, traditional customary law lead to Li’s study will be more difficult. How to search for Li customary law and its operation needs to have a more scientific research approach. Li through the traditional mechanisms of dispute resolution, to a certain extent, the study effectively solve problems.Through solves the mechanism inspection research to the Li national minority dispute, the related field investigation material which the use collects, and unifies the related Li national minority’s limited literature material record, how returned to original state the Li national minority people are using the common law solution dispute, outlined the Li national minority area basic social order. Obtains from the Li national minority tradition society’s realistic environment, through to the Li national minority tradition society’s law system present situation inspection, saw the Li national minority area has had one kind "the spontaneity to be spontaneous" the order, and this kind of order in the Li national minority area speaking of native’s life is supreme, simultaneously this kind of supreme order also further affects the Li national minority dispute to solve the mechanism movement; The dispute which based on this, inspected various production life order which as well as these orders after according to groups the Li national minority area exists destroys, appears; To further inspect the Li national minority tradition society the dispute to solve the mechanism, explained the Li national minority area through the illustrative case analysis’s method to mediate take the dispute as the core dispute solves in the mechanism general procedure standard, and had pointed out it the maintain order the value; Then inspected the dispute to solve the assorted participant, analyzed the Li national minority area from participant’s angle the dispute to solve the mechanism. The Li national minority tradition society dispute solved the mechanism not only to manifest the order supreme value, simultaneously also contained form many Yuan characteristics, the god is sentencing with the weapon fights as the Li national minority area two kind of special disputes solves the way is this characteristic concrete manifestation. The Li national minority tradition’s dispute mechanism manifests the value and the characteristic still had profit from the value, although this tradition’s dispute solved the way already to resolve a dispute by the modern state law under lawsuit the pattern to substitute, but the Li national minority tradition resolved a dispute the mechanism still to have the vitality, therefore studied under the Li national minority tradition common law standard the dispute to solve the mechanism, still had its aspect and so on French chemistry, French history, legal anthropology unreplaceable academic values, to further advanced the Chinese legal system modernization the advancement also to have the inspiration significance.

An Analysis of Dispute Settlement Meachanism of the Li Nation

Abstract

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