民族地区山林权纠纷治理的法治进路——基于广西N县的实证分析

随着山林地及林产品的大幅升值,民族地区群众因争夺山林地爆发冲突的情况不断增多。通过对广西N县山林纠纷的考察,山林权纠纷产生有着历史、宗族、经济方面的原因,且在纠纷治理上存在着调处队伍建设滞后、司法解决不被群众认可、存在外部干预及群众法律意识不强等问题。作为治理方案,应加快构建山林纠纷长效调处工作机制、加大调处力度,重视民族习惯法运用,加大法制宣传力度等多种方式,将民族地区山林纠纷治理纳入法治轨道,构筑法治化的纠纷治理解决机制。

On the Legal Thinking of Disputes over Mountain and Forest Rights in Ethnic Areas——Based on the Empirical Analysis of N County in Guangxi

In recent years,with the sharp appreciation of mountain forest land and forest products,the conflicts among the people in ethnic minority areas are increasing because of competing for mountain forest land.Based on the investigation of mountain forest disputes in N County of Guangxi,it is found that there are historical,clan and economic reasons for their disputes,the construction of mediation team is lagging behind in the management of disputes,judicial solutions are not easy to be recognized by the masses,and there are external interference and weak legal awareness of the masses.What should be done are to speed up to construct a long-term mediation mechanism for mountain forest disputes,to increase the mediation efforts,to attach importance to the application of national customary law,to strengthen the publicity of legal system to improve the legal consciousness,so as to effectively promote the effective settlement of mountain and forest disputes in ethnic areas.