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Xinjiang Minority Customary Law And National Law On The Relationship Between

Posted on:2009-10-10Degree:MasterType:Thesis
Country:ChinaCandidate:H M LiFull Text:PDF
GTID:2166360272492515Subject:Marxist theory and ideological and political education
Abstract/Summary:PDF Full Text Request
If the law will be interpreted as a society rooted in specific people and way of life is closely related to a code of conduct, the law has two basic forms: First, state law and the second is customary law. Ethnic minorities in Xinjiang region, ethnic minorities to join in the formation of customary law and religious factors religious background, formed a Islamic religious practices as the core of the national customary law. Islamic religious practices to become religious believers to distinguish between right and wrong people, words and deeds of self-examination, values the important standards, and infiltration in people's daily life, bound by people's words and deeds.The rule of law ahead of today's society,the entire country to achieve modernization of the legal system, can not be separated from ethnic minorities and ethnic areas of the legal system modernization. Objectively speaking, national and customary laws have been used to build people's rights and obligations, adjustments and resolve their conflicts of interest,national and customary laws to the orderly development of society plays an indispensable role . Integration and show the side, but the value orientation and practice, there are two aspects of the conflict. Therefore, how to not only pay attention to the uniformity of law, but also pay attention to the special nature of the masses of believers in the minority of customary law and national law to find some kind of coordination between, the system of social norms to protect the integrity and effectiveness, is to realize the reality of governing the country according to law Needs, but also to speed up the legal system of regional ethnic, minority Construction of the objective requirements of social harmony.From a macro interface on the contemporary Xinjiang region by the national law and minority customary law, and this model as a research perspective and analytical framework, its formation, meaning, content generally described. And the two conflicts have done a more detailed description. Focus on how to remove minority of customary law and national law of the conflict, for system-level conflict and the main value of the level of conflict to a variety of measures, to guide them to maximize coordination. But in the course of specific operations, it is necessary to follow certain principles to the implementation of the unified national law as the prerequisite, and give full play to local legislative bodies the power to legislate modifications, for the development of the region's political, economic, cultural modifications local ordinances. At the same time continue to strengthen the legal advocacy in ethnic minority areas, and establish laws in the life of the people's authority.The author believes that the rule of law continue to promote the modernization of today, with the actual Xinjiang, the country has continuously increased the intensity of the implementation of the law, customary law in the minority absorb the positive factors, form a complete and effective legal system in ethnic minority areas, the country The uniformity of the legal system, and promote ethnic minority areas is essential to create a harmonious society.
Keywords/Search Tags:Xinjiang, State law, Minority customary law Religious practices, Modifications
PDF Full Text Request
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