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The Study On Zhuang People's Disciplinary Treaty In Customary Law

Posted on:2009-01-06Degree:MasterType:Thesis
Country:ChinaCandidate:L D XuFull Text:PDF
GTID:2166360245470347Subject:History of Chinese Ethnic Minorities
Abstract/Summary:PDF Full Text Request
Having been impacted of the State Law and the traditional theory for long time, most of scholars pay more attention to study the Laws enacted and legal systems of the previous central government in china's law history. They indulge in construction and interpretation of the legal system so-called "the law on the books" and also think that the disciplinary treaties in customary law is the "law", but they descript it too simply. For the minorities' disciplinary treaty of customary law in China, they are less concerned about it and it even to be excluded from the scope of the study in the history of China's laws.Form the research achievement of functionalism of Anthropology and legal sociology, Legal Pluralism has become the study perspective which covers many aspects of contents for the last 20 years. Under this Perspective, the minorities' disciplinary treaty of customary law as the important contents of ethnic Law, it is more and more attracting the attention of the legal circle, now. These scholars study and reflect the minorities' customary law which often imitate or share the national laws' institutions forms and symbols forms to provide some historical reference for the current modernization of the legal system in the minority areas. In the background of this modernization, the minorities' customary law has been gradually changed from the "Aphasia" to one of the subjects for many study objects such as sociology, law, ethnology, cultural studies, anthropology, and history.So for, it is very poor for zhuang people's disciplinary treaty in customary law and we need make more far-reaching study. This text takes the Longji thirteen villages as an example to study zhuang people's disciplinary treaty in customary law and its basic contents, features, functions and game relations between it and the state law enacted and theirs conflicts and adjustments .The research also argue that how to balance and coordinate conflicts between minorities' disciplinary treaty of customary law and state law enacted to achieve integration and docking in customary law and state law enacted.
Keywords/Search Tags:zhuang people's disciplinary treaty in customary law, the Longji thirteen villages, social control, social function
PDF Full Text Request
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