民族地区多元文化纠纷解决现状及策略研究

Research on the Situation and Solutions of the Dispute Resolution under the Background of Multi-cultural in Ethnic Areas

本文以青海东部一个民族乡的纠纷解决为素材进行实证研究,着重描述民族地区多元文化背景下纠纷解决状况,总结出当下纠纷解决机制中政府力量在解纷机制中作用的弱化、基层组织在纠纷调解中的作用发挥受到限制、民族宗教习俗在纠纷解决中的正当性有待明确等方面的缺陷,同时,提出民族地区多元文化背景下纠纷解决机制的改革路径。

In this paper, we use the dispute resolution in an nationality township of eastern area in Qinghai Province as an object of study, with the method of positivism research, focusing on the conditions of the settlement of the disputes under the background of the multi ethnic culture in minority areas. We condude that defects exist in current dispute settlement mechanism, including the weakening of the role of government forces in the mechanism of dispute settlement, and the restrictions of the role of grassroots organizations play in dispute resolution. The legitimacy of Ethnic and religious practices in dispute resolution also need to be clear. At the same time, we point out some reforming paths of the dispute settlement mechanism in ethnic areas under the multicultural background.