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The Miao area refers to the place where the Miao people gather. In Guizhou, Hunan, Yunnan and other provinces in China, there are Miao areas, in the long-term life process, Miao areas have formed their own traditional culture, formed a unique way of dispute resolution. Judging from the existing research, the basis for tangled disputes in the traditional culture of Miao areas is mainly as follows:
The children of the same clan and the same drum society are brothers and sisters and cannot be married; Aunts and cousins are also like brothers and sisters, and they are not allowed to marry. Violators will be punished with white buffalo and ancestor sacrifices. Although the same clan and the same society, after the branch, you can open a family.
This is similar to the Civil Code's provision that "close relatives cannot marry". Jarry is very rich in content and is the basic principle of life of the ancient Miao people.
Miao scholar Yan Bao commented: "The first refers to the generation, development and change of heaven, earth, sun and moon; the second refers to the ethical and moral norms of society; the third refers to all myths and historical legends that have become common allusions; The fourth refers to the festivals and customs handed down by the ancients.
2. Miao taboo. The taboos of the Miao people belong to the content of the customary law of the Miao people, including the taboo of sacrifice, the taboo of life, etc. In terms of sacrificial taboos, the ancestral statues, wooden drums, and reeds used for taboos cannot be moved, and the light ones are punished with ducks, and the heavy ones are punished with cows.
When the ancestral statue goes to the village to "visit", it is necessary to be hospitable and not lazy. In terms of life taboos, Miao people believe that they can't visit the door at will on the first day of the Lunar New Year, because they may collide with other people's financial routes, and in addition, it is taboo to send teacups and bowls with one hand.
3. Village rules and conventions. The village rules and conventions are formed by each village in the Miao nationality area on the basis of ethnic habits in combination with the actual situation of the village. The village rules and regulations are binding on all villagers, and when disputes arise, they can also be resolved by the village rules and regulations.
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First, traditional cultural methods, such as the customs and rules of the village, as well as the rules of the Miao area. Second, the law, the relevant laws of ethnic minorities within the Miao nationality to resolve disputes.
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The influence of the regional environment, the influence of traditional cultural habits, the customary law of the Miao people, the village rules and conventions, and the local laws and regulations.
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They would look for local governors or hammers, who had a relatively high status in the race, so they would often help people settle disputes.
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Miao people are mainly distributed in Guizhou, Guangxi, Hunan and other places. In the long-term social life, the Miao people have formed their own unique culture. In recent years, with the frequent foreign exchanges, Miao culture has been deeply integrated with other cultures.
In terms of dispute resolution, the dispute resolution methods in Miao areas show diversified characteristics, and the specific dispute resolution measures are as follows:
1. National customary law. As a major form of dispute resolution, customary ethnic law has played an important role in maintaining social stability in Miao areas. Ethnic customary laws include Miao Jiali, village rules and conventions, Miao taboos, etc.
Take Hmong Jarry, for example, this is a dispute resolution method unique to the Hmong people. The meaning of "Jiali" in Miao language in Chinese is "philosophy" and "truth", which is the ancient rules and ancient principles formed by the Miao people to legislate with the law, the old justice, and the law enforcement of the drum society. During the Qing Dynasty, the Miao Jia Li was recognized by the ruling class and was known as the Miao Case.
The "Laws of the Qing Dynasty" stipulates that "all matters in which the Miao people and the Miao people sue each other shall be concluded in accordance with the Miao regulations, and there is no need to bring the official law to justice".
2. Mediation. The Miao area is a typical acquaintance society, and the two parties to the dispute generally know each other, and some parties even have the same roots. Mediation is a form of dispute resolution that requires the mediation of elders in the clan.
The status of the clan elders in the Miao society is very high and prestigious, and their way of handling disputes is more acceptable and recognized by both sides of the dispute.
3. Litigation. With the promotion and promotion of the rule of law, the Miao people's awareness of the law has been enhanced, and more and more Miao people choose to protect their legitimate rights and interests through the law and resort to the courts. In recent years, with the strong support of national policies, the economy of the Miao area has achieved tremendous development, and economic activities have become increasingly frequent, which has also led to a surge in the number of civil disputes.
When the local court hears the relevant cases, it will also fully consider the cultural traditions and social habits of the Miao people.
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Generally, they will find the hammer of the Miao people, or call the director of the Miao people, Yunyuan, to express the content of this matter clearly, and get the help of the two of them. After that, and where to solve the problem, because they are the people of the higher status of this place.
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It can be solved through communication, through the help of others, through the help of friends, through family members, or through stools and social insight institutions, these are relatively common solutions.
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