少数民族纠纷解决机制与国家法的冲突与互补——基于对贵州民族地区的考察

Conflict and Complementation of Dispute Settlement Mechanism between Minority and National Law——Based on the Investigation of Guizhou Minority Areas

我国多民族统一国家形成的多元法律文化,在民族地区纠纷解决方式上也是形式各异,少数民族纠纷解决机制与国家法的冲突一直存在,单一的纠纷解决方式不能满足社会解纷的需要。国家法与少数民族的纠纷解决机制之间如何消除冲突继而实现互补?从二者所要实现目标价值来看,维护民族地区社会秩序稳定的目标是一致的。分析国家法与少数民族的纠纷解决机制在民族地区纠纷解决中的利弊,挖掘冲突的原因和冲突关系,通过民族区域自治权使二者实现互补变通,最终实现多元格局解纷,推进民族地区法治建设。

Formed by the multi -ethnic and unified countries in our country, the pluralistic legal culture is different in forms of dispute settlement in minority areas. The conflict between the mechanism of disputes settlement in minorities and national law have always been existing. A single dispute settlement solution can not meet the needs of social settlement. How to eliminate the conflict between national law and dispute settle- ment mechanism in minorities and achieve complementation？ From the point of view of achieving the target val- ue, the goal of maintaining the stability of the social order of minority areas is the same. Analyzing the pros and cons of the dispute settlement mechanism of minority and national law in the dispute settlement of minority areas, excavating the causes of conflict and the relationship of conflicts, and making the complementation and transformation by the ethnic regional autonomy, and finally pattern of resolving dispute to promote the law construction in minority areas. the two elements realize achieving the diversified