The Conflict And Integration Between Hui Customary Law And State Laws

Social development is not balanced and traditional and modern cultural value of the different views, inevitably leads to legal multiple phenomenon. In the country, there is no doubt that the state law and customary law are side-by-side. China is a multi-ethnic country, every nation in the long-term practice of production and life this nation will form the independent outside the state laws, enforced habits, these habits are social norms that are observed generally and continued. This kind of social standard is the national customary law.The same, As a part of fifty-six ethnic groups, hui has its unique custom,is in the minority nationalities' customary laws system should not be ignored.In a complex society, state laws have no ability to involve every aspect of social life, the continuous development of society, the perfect the law also cannot adapt to social change speed. And state laws of content is not a universal, it has many defects,for example inconsistent and unseasonable.So it needs a mechanism for its complement, customary law is such a mechanism. National regions may also with state laws and regulations of the common law,so handle both relationship is very important. Handle relations between state law and customary law, not only for our minority nationalities' customary laws are studied, and the relationship Hui nationality region and the national law and the construction of a harmonious society.Hui customary law is rooted in the hui nationality region,applicable to all the hui people's behavior standard. To maintain the relationship between people and maintaining social order has a very important role. The hui people in specific common life, as the hui people's common psychological knowledge and life need rooted in the people's hearts. Hui customary law and state laws exist some consistency. Hui customary law and state laws in the purpose, content and value on things have correspondence. There also fit another state: conflict. In the hui nationality region,people may choose to apply law regardless of whether the customary law and state laws. This kind of circumstance, may appear the applicable law from state laws, in a powerful position of state laws of course not tolerate this kind of circumstance happening,so conflict produces.so, solve the hui customary law with the state laws and conflict is the key to good relationship with them.Through studies with state laws common hui interactive and conflict, coming to conclusions: on the relationship between the two cannot perform simple trade-off, and should make them interactive; on the basis of acknowledge that coexist, the study of previous experience interaction, dominated by state laws, respect for the hui customary law, gradually enhance the people's awareness of law of hui nationality; respect for the hui customary law in the legislation, and in the hui nationality region establishes dispute resolution mechanism; focus on the strengthening of the judicialin the hui nationality region, in order to realize the benign interaction between them.