The Exploration And Analysis On Common Law Of National Minority

Following the trend of unifying and modernization, Chinese legal system is on the way between conflict and cooperation of reality and ideal, tradition and modernization, nation and alien, speciality and generality. Undoubtedly, research and exploration of common law and that of minority is one of the significant subjects during this process, which will create great influences on development of national legal science, exploration of traditional culture, solidification of nationalities and constructing of harmonic society.Nowadays, researches on minority common law usually are static analysis but less of dynamic explorations and practical thinking, which are citing or commenting the relevant materials of other countries, or collecting and compiling the common laws of different nationalities. Furthermore, they would simply point out that law simply act as the supplement of the national legal system.Aiming at concern and critical thinking on the traditional culture and local resource by doing dynamic researches, this thesis takes the stone tablet institution as an example, which locates in Jinxiu Yao Autonomous County, Guangxi Zhuang Autonomous Region. From the judiciary perspective, it analyzes the relative questions of minority common laws by the factor and law conception which influences the case. The research method is called anthropologic field research. It reaches to a conclusion that the common law has been operating effectively in minority areas and creates profound impacts on judicial practice. The relationship between minority common laws and national laws has become an unavoidable topic in the process of setting up a perfect law system.