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Indian justice in harmony

2019-02-20 来源: 51due教员组 类别: Essay范文

下面为大家整理一篇优秀的essay代写范文- Indian justice in harmony,供大家参考学习,这篇论文讨论了印第安人的和谐司法。美国印第安人最大分支之一纳瓦霍部族拥有一个民族传统的争议解决机制,即和事佬法庭。和事佬法庭是部落法庭的补充,它摈弃了英美对抗式的诉讼辩论,代之以在和事佬主持下的协商解决。和事佬法庭推行有利于和谐家庭、和谐社区、和谐民族的构建。和事佬法庭的成功经验对世界上其他国家和地区的少数族裔大有裨益。

Indian,印第安人的和谐司法,essay代写,作业代写,代写

The Navajo tribe, one of the largest branches of the American Indian, has traditionally relied on a dispute-resolution mechanism, the peacemaker's court. The peacemaker's court is a complement to the tribal court, which has dispensed with Anglo-American confrontational litigation and replaced it with a negotiated settlement under the auspices of the peacemaker. The peacemaker court is beneficial to the construction of harmonious family, harmonious community and harmonious nation. The success of the peacemaker's court has served minorities in other parts of the world well.

More than 70 years have passed since the so-called administration of the United States federal government to the indians in the 1930s and 1940s, and the establishment of modern Anglo-American Indian tribal courts on a large number of Indian reservations. Study of American Indian tribes court is a big subject, is not in the scope of this paper, but the tribal courts have a common feature is that although the court is in the form of Anglo-American law system, the court accepted the case is the current, but in the tribal courts, deep in the judge's thought, concept and system design of tribal court imposed a, how in the tribal court to carry out and reflect this habit of tribal tradition, mainly depends on the horde itself and, especially, tribal court judges. Critics point out that tribal courts make extensive use of native American traditions and rules, both in substantive and procedural law. For hundreds of years, the Navajo people have followed a community-based dispute and conflict resolution mechanism that combines wisdom, skill, and the views of the participants in order to resolve disputes in a non-confrontational, non-coercive manner, thus maintaining as much community harmony and healthy development as possible

The Navajo tribe is one of the largest of the American Indian tribes. It is a partially sovereign Indian tribe. Its reservation area is over 25,000 acres. The Navajo tribal government has three relatively independent branches, legislative, executive and judicial. The judiciary includes a district court and a high court. District courts are first-instance courts that prefer Navajo common law and statutory law in their cases and use federal or state law only when there is a legislative gap.

In the early 1980s, the Navajo tribe developed an ambitious "Navajo common law project" to understand, collect, and apply Navajo wisdom, methods, and customs for use in dispute resolution. The program's executives were quick to note a dispute resolution mechanism that has long been popular among the Navajo tribe, in which respected members of the community help parties and stakeholders negotiate an optional settlement. The scheme's participants then presented their findings to the Navajo tribal judicial committee, which was excited by the struggle to find an alternative to the traditional Anglo-American system of dispute resolution to achieve justice. In 1982, the Navajo judicial council established the "peacemaker's court," later known as the peacemaker's court, to resolve disputes and conflicts in the traditional Navajo way. The ultimate goal of a peacemaker's court is not to punish, but to achieve harmony between individuals and communities through restorative justice.

Although the Navajo tribe's own judiciary has a well-established set of rules and systems based on Anglo-American law, Navajo rank-and-file and officials generally agree that their own traditional dispute resolution mechanisms are more indigenous and efficient. In 1987, the Navajo tribal Supreme Court declared that, among the terms common law, common law and traditional law, they preferred to use the term common law because, in their view, it more accurately indicated that Navajo habits and traditions were "law". The justices noted that a large number of community dispute lawsuits are not the best solution. Litigation is costly and costly for most Navajo people, and uneducated Navajo people are unfamiliar with it, so they are not well positioned in an unfamiliar litigation system. There is another reason why, in the face of constant assimilation pressure, the judges of the Indian tribal court are deeply troubled by how to preserve or even revive their traditional culture in the process. They realized that as members of the tribe, they had a responsibility to play an active role in using the tribal courts as a stage to respond to external challenges. In particular, the Navajo tribal courts were at the forefront of the process of introducing their own unwritten or customary laws into the Anglo-American court system imposed upon them, because they had their own internal requirements.

In Navajo peacemaker court is manual, it lists some suitable for processing in peacemaker court dispute case, such as: family disputes, neighborhood contradiction, family members or neighbors caused by drinking, sexual misconduct and tort disputes, etc., and mark the following business in 15000, as well as any district court judges think should be able to pass the peacemaker the courts of other contradictions and disputes.

The peacemaker of the court is chosen either by the parties or by the district government or by the district court. A peacemaker is usually a community or religious leader or a respected elder who presides over discussions between the parties to a dispute. Sometimes a peacemaker will come up with his or her own brief, especially when it comes to the traditional values and ethics of the nation. In any case, no court of law will be consulted in the mediation process.

This case is a young couple's marriage and family dispute. The couple sat face to face and listened to each other. The mediator sat between the two and listened patiently to both sides. Although one side is often impatient because the other side speaks too long, he will not speak unless the mediator agrees. The conversation is tense at times, with family members allowed to speak. The groom's sister rapped his brother for making a mess of the family. But even if the atmosphere is tense, everyone will speak in a civilized way. From the tears that filled their eyes, it could be concluded that in front of the peacemakers, they had no reservations. A staff member took out a box of face tissue. Everyone has the opportunity to give his or her own opinion on the matter, and there is no time limit. No lawyer asked them questions, and no judge interrupted his speech because the words were irrelevant. After about 90 minutes, the mediation was over, everyone got up, shook hands, and the young couple got back together and agreed to do their best to save their marriage, for themselves, for their children, and for their family.

How efficient is a peacemaker's court? Fred lee, a former Navajo peacemaker, estimated that 80% of the mediation sessions in 1991 were successful. But others question the role of the peacemaker's court, arguing that greater efficacy should have occurred. In Chile, generally regarded as the region with the best mediation record, only 11 peacemaker courts were used in 1998. However, the gap between talkers court provides a template, representatives are coming in of many countries and regions in the world, and find out, in order to find some alternative elements for their own legal system, some minority representative would like to follow, in a modern legal system, how to seek to keep their own traditions.

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