The Restorative Justice Process, Houi Han Hmong Community in Chiang Rai Province

Abstract

This research was qualitative research. The purposes of this study were 1) to investigate form and method; and 2) to build restorative justice of senior of the family name of Chinese (Sae) of Houi Han Hmong Community, in Chiang Rai province. The key-informants were 9 of senior of the family name of Chinese (Sae), and 4 of village leaders. The research instrument was the interview form. The phenomenology data analysis has concluded from key-informants experience to build restorative justice.

The results revealed that;

1. Hmong society uphold family name of Chinese (Sae) lineage relationship by each community had senior of the family name of Chinese (Sae) to behave tracing from community regulations, arbitrating conflict between member of the family name of Chinese (Sae) and the representative of the family name of Chinese (Sae) to manage the conflict between the other family names of Chinese (Sae) and another Hmong communities.


2.   The sequence of conflict management of Hmong community started from senior of the enemy of the family name of Chinese (Sae). If the dispute did not end up, it would carry out to village leaders and judgement for resolution. Someone who refused to admit will have been punished by community.


3.   The form of building restorative justice was set of sequence for social responsibility ever since individual level, household level, family name of Chinese (Sae) level, and Hmong society level. The head of the household must be responsible to damage the member in community. The family name of Chinese (Sae) level must be responsible for family reputation and ceremonial for ghost satisfaction and ancestor spirit. In society level, the individual, household and community must be traced from community regulations and Hmong tradition.


4.   The methods of building restorative justice had the principles as follows: 1) Personalism, both sides had a chance to recount and give opinions to end up conflicts;  2) Participation, all conflict cases must have senior of the family name of Chinese (Sae) involvement, kinship system of the family name of Chinese (Sae) will not allow each member to face conflict unaccompanied problem; 3) Reparation, if the extensive damage occurred, the sufferer would receive the balanced reparation between sufferer’s satisfaction and offender’s ability; and 4) Returning good people to society, both sides, household and linkage of the family name of Chinese (Sae) have peacefully cohabited with society.