歌唱与纠纷的解决--黔东南苗族口承习惯法中的诉讼与裁定

苗族历史上没有文字,口承法律文化丰富。在传统的纠纷解决过程中,理师的调解和裁定、当事人双方的自我辩护都通过唱词表现出来。唱词“引经据典”、灵活自如、生动形象,琅琅上口,理法的剖解蕴含其中,最后使各类纠纷圆满解决。本文以贵州省黔东南现存理词为基本资料,探讨无文字状态下苗族传统纠纷解决的形式和方法。

Singing and Disputin-Settling--The Guizhong Provincial of Southeast Litigation in the Common Law that the Miao's Oral Communication Spreads to Accept with Justify

Though the Miao people have on written words in history,they have rich law culture orally inherited from their ancestors.In the traditional process of dispute-settling,The mediator's mediation and judgment as well as self defense of the two parties are expressed through words of the ballad,which quote the classics,nimble,vivid and fluent.The explanation and analysis are implied in the words so that all kinds of disputes are settled satisfactorily.The paper,taking as the fundamental material the existing mediatory words in Southeast Guizhou,explores the form and the method of settling the Miao people's disputes in the state of no written words.