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Hui Customs Legal Protection

Posted on:2012-10-20Degree:DoctorType:Dissertation
Country:ChinaCandidate:Q ZhouFull Text:PDF
GTID:1116330335479897Subject:National Law
Abstract/Summary:PDF Full Text Request
The customs and traditions of Hui nationality are in the form of preferences, habits and taboos which has been developed in the history of Hui.Those customs not only are the important embodiment of the characteristic of Hui nationality but are the important part of Hui's traditional culture. The protection of Hui customs is an significant aspect of human rights protection,so we need to protect and pay more attention to Hui customs,not only in terms of policy, but also under the protection of law.Historically, the rulers had relatively taken the coherent policies and made many laws on Hui's customs,which is collated and summarized in this dissertation, and this would provide a useful reference for he construction of the legal protection system of customs and traditions. At present, the success of legal protection for Hui's customs should be sumed up, while the problem we facing should be solved too. so the author analyze the whole process of the legislation and practice on the customs of Hui and other ethnic minorities with the aim of further inquiry into the system construction.The content of this dissertation is divided into four chapters; the main points of each part are as follows:1. This first chapter outlines the main contents of Hui's customs. Firstly, I give a brief introduction about the formation and distribution of the Hui. Secondly, introduce some of the major customs and their contents of the Hui, which includes religious belief, eating habits,ceremony of marriage and funeral the celebration of festivals.Thirdly, analyze these religious doctrines, laws and norms which had produced a profound impact on the formation of the Hui's customs, and also played a positive role in safeguarding the Hui people to follow their own customs.2. The main content of Chapterâ…¡is the history of policy and legislation on Hui's customs.The period is mainly from Yuan Dynasty to the Revolution Time. From the historical point of view,the rulers had noticed the Hui's special customs and had made a certain policy or relevant legislation toward them which were different from the rule of other peoples, there are many special provisions for the Hui's special legislation too. Of course, some of these policies and legislation are for the purpose of protecting the Hui's customs, some are out of the suppression of Hui's customs and even with the purpose of assimilation. But generally speaking, the historical experience and lessons of the Hui's custom is very useful for us to perfect our current customary law system.3. The third chapter describes the history of Hui's customs and legal protection since the founding of PR.C for more than 60 years. After the foundation of New China, our country had made a number of specialized rules and regulations or normative documents from the central and local government, which played an active role in the protection of Hui's customs. So, This chapter summarizes the legal protection and it's practice science the founding of new China, not only praise for the achievements, but also hope to found the difficulties and problems we still face at the current situation of legal protection for Hui's customs.4. The fourth chapter is about the intellectual inquiry of the legal protection for Hui's customs in China. The main content of this chapter is about how to improve the legal protection system of Hui's custom based on comprehensive analysis and research in this paper. The main issues of this chapter are as follows:How to strengthen research and publicize the Hui's customs; how to eliminate the "cultural misreading" problem; how to make the Hui's customary law functioned; The adjustment between the Hui's customary law and national law; how to perfect the legal protection system of Hui's custom.
Keywords/Search Tags:Hui natinality, customs, legal protection
PDF Full Text Request
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