The Study On The Hui's Civil And Commercial Common Law

Because there are lots of rules about marriage, family, inherit, commercial economy norm in the Islamic law . These civil and commercial norms are combined with China's traditional culture for a long time, form distinctive Hui civil and commercial common laws, have suitable influence function on the daily life and production of the masses of Hui. In October of 2007, under Professor Liu ShaoBin's guidance and help of the law school of Lanzhou university, I have gone to Ningxia Hui autonomous region with several classmates to investigate local masses' legal consciousness and legal system state together. I regard Hui's civil and commercial common laws as the key research object specially.Through this social investigation, I have a deeper understanding about the function among Hui daily life. In early days, especially before country's legal system has not been shaped yet, these norms played a very important role among the masses of Hui. Among them a considerable amount of norms still have a positive meaning till now. But we find at the same time that with the modernized progress of society, some contents of Hui's common law are the same as common law of other ethnic minorities, have serious injured the dignity and unity of the national legal systemSo, it is necessary for us to screen scrupulously the beneficial one in Hui's civil and commercial common law,make the compatible part of the law with the state law, regard this as the breakthrough point popularizing the system of state law in the ethnic mimority area; Some systems and regulations not according with people and social harmonious development in Hui's civil and commercial common laws at the same time, we'd better firmly correct and change through various means; In addition, as to some regulations are failing to agree with current legal system, we can't just emphasize the state law majesty of system and unify and ignore age-old habit characteristic, masses of Hui, simply, the best method is to seek gentle method to mediate the contradiction and conflict between common law and the state law . In this way,it will get better safeguard the stability of the ethnic mimority area,national one unity.