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- 2017-06-01 发布于上海
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乡土社会民事纠纷调解的乡规习惯适用——以潮汕地区“乡规习惯”为例论文
Abstract
In the vast rural area of Chaoshan district, folk regulations have been widely used in
tackling countryside issues, such as folk disputes, education and economy development,
welfare construction, cultural continuity and custom development. Local people also tend to
avoid lawsuit but prefer folk regulations like religion, consanguinity, folk organizations to
protect the legitimate interest of the two parties. Should this traditional way of self-protection
be taken seriously? How to exert its procedural effects to the largest extent during lawsuit
with the use of the local resources? These are all the questions that deserve further
exploration.
This paper objectively and comprehensively presents the use of folk regulations in
countryside disputes with the help of interview and questionnaires. It explores the folk
disputes management mechanism commonly seen in the rural area and proposes certain
measures which enable this mechanism to effectively reflect the interest of local people,
properly handle social problems and promote social equity.
This paper consists of introduction, main body and conclusion, in which the main body
consists of five sections.
The first section gives an introduction of the folk regulations in Chanshan district. It is
divided into three parts: firstly the definition of folk regulations, secondly the characteristics
which enable readers a brief understanding of the folk regulations in Chaoshan district, and
thirdly the development of folk regulations over time, which aims to present the potential of
folk regulations and proves the good result of the connection of sense and
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