| In the recent days, the school education was focused on by the whole nation. The problem, how to regulate the educational behavior and better the institutional environment, has been highlighted by the national congress many times. A good regulation shall be adapted to the social, cultural and ethnical situation of ethnic minority gathering area and is also the pursuit of educational law. To solve this problem surely is important and shall based on the custom law. This article tries to inspire the custom law of Hani ethnic minority.Hani is a kind of ethnic minority which spreads home and abroad. In Yunnan province, the Hani population reaches1.63million, which is only secondary to Han and Yi nationality. In the past research of custom law, most of scholars focused their attention on Yi, Bai, Dai and Naxi. After the spring festival of2009, I began the investigation on Hani ethnic minority, which lives in the south side of Honghe River. I reached Lvchun County first. Lvchun County is the place of standardized pronunciation of Hani language. In Lvchun County, the population of Hani takes88.2%of the whole. In the February13,2009,I experienced the ceremony of "alongoubin", which holds by13villages altogether. It is a mystery ceremony that pursuit the original justice during the religion procedure. During the ceremony, the whole county was immersed into a joy. All the peasants have to rest all day if he does not want to be blamed by others. How long this traditional regulation last? What is the inner contracture of the "law". How it produced? What influence it will be toward common people?In order to answer these questions, I began to collect documents and materials on Hani ethnic minority and its custom law. I returned there many times and finished my field work. In order to contrast Lvchun to other Hani gathering areas, I also investigated Jinping, Yuanyang, Honghe and Yuanjiang. I also had deep conversations with Hani students, which lives in Kunming. After four years efforts of investigation, I, finally, find out the content and inner construction of Hani custom law and put forward the function and explanation of it producing.Hani people likes living together and it is common for them to have one ancestor for a whole village. Each village has one "angma", god of the village, one "migu" the headman of the village. Each village will hold the ceremony of "angmatu" every year. There is social organization for holding the ceremony for several villages. The united ceremony of many villages is mystery and regulated by its custom law system and taboo. The Hani people have their own calendar and festivals, such as ten-month year and "kuzhazha" in June. Hani people believe that each object has its own soul according to their religion. The professional person of religion was called "mopi" who has great honor for whole village. There are many traditions in Hani’s daily life, such as patronymic linkage naming system and uncle right. The customary law for marriage includes free intercourse before marriage, wedding lament. The customary law for funeral includes lots regulations and ceremony and also shows their open mind to death. The Hani people are diligent, homeliness, optimistic and kept harmony relation to the nature for quite long time. The Hani society is also keeping a harmony situation, which is due to the traditional custom law. The function of custom law is different to school education. In its function, the custom law of Hani is in unify form with modern regulations and law and also takes positive effect on social orders. Meanwhile, it also has some negative influence, such as too many taboos, unequal social situation of male and female. The negative factor of custom law also influenced application of national laws.This article inspires as following:the first, Hani custom law comes out of their native culture and its regulations has formed the unconscious behavior of common people. The second, the period of wandering and hard working in their history formed the specific character of Hani people. The third, the custom law of Hani people has positive role to the harmony society. The forth, the taboos of Hani people actually regulated young people’s behavior too much. If we want to accelerate the development of Hani ethnic minority gathering area, more suitable regulations and institutions surely would be important, which also requires combine the positive factors of custom law indeed.It is an objective fact for custom law of Hani to influence national law and school education. This article, based on lots of field word, puts forward some advices to improve the educational function of custom law of Hani.The first, the custom law of Hani still exists in modern society extensively. The custom law has form a unique system and its inner structure is the worship of "angma", which is the core of village’s daily life, and ghost worship, which immersed in the ceremony of marriage and funeral. The second, the culture base for Hani custom law is the rice civilization and Hani’s history of migration, which formed the character of Hani people and also improved the harmony circumstance of area. The third, in order to better the educational function of custom law of Hani, we should accelerate the legislation procedure and focused on the talents training to improve ethnic culture’s development.The value of this article:the first, this article tried to find out the inner structure and its producing reason. The second, this article combined custom law with their background of society to explore its educational function, which riches the study of educational law. This article explored the cultural base of educational law, which could be compared by other theory study. In practice, this article evaluated the educational function of custom law and put forwards advices for school education’s improving. |
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