Stealing Three Village Miao Customary Law

The customary law of the Miaos means the normative system, accompanied by the state law, which is derived from the Miaos` society and implemented by outside coercive measure, but isn`t made or recognized by state.According to the customary law of the Miaos, the disputes among indigenous Miaos in'the new six government departments of the boundary in the Miaos'are settled from the first year of QIAN LONG to the end of Qing dynasty. The conflicts of the Miaos, except serious criminal cases, are almost solved by the local customary law in LEI MOUNTAIN COUNTRY during the Republic of China.Although China has taken some special polices to reduce the impact of minority` customary law from the liberation of China, many customary law of the Miaos have retained and played an important role in social control.The author was assigned as vice country magistrate in LEI MOUNTAIN COUNTRY by organic department of Guizhou from March in 2003 to February in 2004, who is responsible for the works in minority, religion, police, judicature and legality of government. In this period, the field work was made in three typical villages and customary law of the Miaos was known in both state perspective and folk perspective. The main content of the essay is the description and analysis of the customary law of the Maios in the three villages.The forms of the customary law of the Miaos are LANG Regulation, taboo and the village` rules. The LANG Regulation and taboo are the traditional forms of customary law, and the main content of Village` rules is the written customary law. Some traditional institution still play important role in the customary law of the Miaos . The main content of property institution and other productive and living institution of the customary law of the Miaos are complemented to the state law; some substance of marriage institution of the customary law of the Miaos is contradictive to the state law; the punishment institution of the customary law of the Miaos mainly includes property` punishment; the traditional'argument'in the Miaos is similar to the present mediational institution. The authorities who ensure the implement of the customary law of the Miaos are the fictitious authority of ghosts and fairs in original religion of the Miaos, the authority of the head of the village and the authority of the committee of village people.