On The Relation Between The Ceremony Culture Of Tujia Nationality In Xintang County And The Execution Of Educational Law

Accompanying with the reform and opening gate policy, China goes into a conversion period and faces more and more culture conflicts. The culture conflicts have affected education and recently its influence has coming out. Educational law meets lots of hardships in its execution in those rural areas with minority nationality residents. In Xintang County, the celebration and ceremony culture of Tujia nationality do influence the execution of education laws. So it is necessary to clear the relationship between the culture and the law, and to find a way for educational laws.Celebration and ceremony culture is a wholly concept. This article believe that celebration and ceremony is the way to confirm behavior regulations according to principle of nature and the culture was formed in its long history. The culture consists of material dimension and spirit dimension. It also has its particular idea forms and value system with its content covering the whole life. The celebration and ceremony culture not only adjust the relation between human and nature, but also the relation among people.The cultural content of celebration and ceremony includes three main aspects:life, festival, production. The life aspect is about the behavior concerning with life, such as birth, adulthood, marriage and funeral; the festival aspect is about the important days for whole nationality, such as spring festival, the second day of lunar February, Qingming Festival, Ox King's day, Duanwu Festival, the sixth day of lunar June, the fifteenth day of August and so on; the production aspect is about economic and daily life, such as Ganzhang, construction and so on. The culture in Xintang County both contains lots of Tujia factors and Han factors. In recent years, the celebration and ceremony of Tujia nationality was becoming simple both in its procedure and importance. The celebration and ceremony culture of Tujia nationality do has some regulational elements, such as family law, wizard law and manners law. According to the family law of Tujia nationality, the clan regulation is the code. Shaikh is the leader of whole family and has absolute power. Now the clansman of Tujia nationality relies on family council to realize democracy and law, which is the result of interaction between Tujia culture and mainstream culture, and also the result of combination between self-demand and social requirement. According to wizard law, wizard has absolute power. The resources of his power are knowledge. The essence of wizard law is the ordeal. The wizard law shows the original justice. The forms of manners law are instrument, sacrifice and ceremony. Both the manners law and legal law are the measures to regulate social order, and both of them connected and interaction with each other.The celebration and ceremony culture of Tujia nationality has four legal functions:role regulating, justice, conformity and social control. The role regulating means the culture show everyone its certain role, rights and obligations, behavior regulations of everyone in the ceremony. This role regulating has to rely on certain social culture. Justice means equality and equity. The interest subject that the regulations of ceremony culture safeguards is the person in the real productive relationships. The celebration and ceremony culture has combined with the factors from other cultures. The ceremony culture realized it social control by customs, morality, religion and sorcery.In the history, the government promulgated some educational orders for the need of "Confucianism" and chieftain. These orders improved the literature, arts and historiography of Tujia nationality and also accelerate the process of nomination of magistrates over minority groups. There are five factors influencing the execution of educational law:the scarece of school education, the information of supervising, the nonfeasance and unjustment of execution, and the unsystematic educational law.There is interaction between ceremony culture and educational law. On the one hand, the celebration and ceremony culture do affect the execution of educational law by its value, regulating customs and particular cognition on educational law. On the other hand, the influence on the culture by educational law was realized by the way of education, culture background, society and legal system. The influence of educational law to the celebration and ceremony culture of Tujia nationality was realized by the way of improving quality of population, strengthening the interactions of cultures and arousing the change of social structure.Interacting between ceremony culture and educational law in Xintang County is the result of complex effects from all kinds of factors. The motive factors include geography, economic, history, society, religion, policy and education. The core driving force and changes of the interaction is human being.The essence connection between ceremony culture and laws is human being. The driving force for their interaction is the demands of human. The execution of educational law in Xintang County has three advantages. First, educational law is democratic; Second, educational law does not contradicted with the culture in Xintang County; Third, educational law is justice.There are four ways to execute educational law in Xintang County:the first is to develop the celebration and ceremony culture according to the requirements of society; the second is to execute accountability system; the third is to improve the inner solving mechanism of Tujia clan; the fourth is to advance the huaman-based education.