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在凉山彝区的纠纷解决中,德古是最重要的民间权威,他具有相当的优势,但由于缺乏国家权力的支持,只适用彝族习惯法解决纠纷,使之纠纷解决受到一定的限制。人民法院随着国家政权建设在凉山彝区设立,是解决纠纷的国家权威,在某些领域与德古形成竞争关系,其与德古解决纠纷相比既有优势也有劣势。凉山州法院通过聘任德古担任调解员、陪审员,实现了人民法院与德古的良性互动,也实现了国家法与彝族习惯法的良性互动,为凉山彝区的纠纷解决开辟了新的道路。中国是一个多民族国家,法律多元不可避免,凉山州法院的司法实践为解决国家法和习惯法的冲突提供了观察的新视角,促进了国家法和习惯法的调适。
In the dispute resolution of Liangshan Yi District, Taku is the most important civil authority, and he has considerable advantages. However, due to the lack of support from state power, only the customary law of Yi is used to resolve the disputes and the dispute settlement is subject to certain restrictions. With the establishment of the state power in Liangshan Yi District, the People’s Court is the state authority for the settlement of disputes and forms a competitive relationship with Germany in some fields. It has both advantages and disadvantages compared with the settlement by Germany and Cuba. The Liangshan Prefecture Court, through the appointment of Takuh as mediator and jury member, realized the positive interaction between the people’s court and Takuya and the positive interaction between the national law and the customary law of Yi, opening up a new road for resolving disputes in Yi district of Liangshan. . As a multi-ethnic country, China is a country with many laws. The judicial practice of the Liangshan Prefecture Court provides a new perspective for observation and resolves the conflict between state law and customary law, and promotes the adaptation of state law and customary law.