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Under State And Society Interaction Zhuang Customary Law

Posted on:2010-08-20Degree:MasterType:Thesis
Country:ChinaCandidate:Y W ZhangFull Text:PDF
GTID:2166360278477448Subject:History of Chinese Ethnic Minorities
Abstract/Summary:PDF Full Text Request
The state law and the customary law are two different knowledge traditions,the customary law belongs to"little tradition"which the anthropologist says,belongs to the mass culture;but the state law belongs to"great tradition"which corresponds,belongs to the outstanding person culture.The state law is the product of customary law develops certain stage,looked from this, the both may fuse under the certain condition.In under construction country of the rule of law background,it must take the state law as the value leadership,but it doesn't mean to advance forcefully to the village society,but emphasizes the interaction of the both,causes the both to devote together to the modernization practice. Under city and countryside dual pattern ,the legal pluralism will be the Zhuang ethnic group area long-standing phenomenon.Having the deep cultural foundation and the historical tradition Zhuang ethnic group customary law, it has been playing the adjustment social relations function in the Zhuang ethnic group area and the role since long-time ,But in the nowadays social reforming time,it highlights day after day with the state law contradiction and the conflict,thus becomes us to carry on a question which the government by law construction cannot be avoided.Actually the Zhuang ethnic group customary law and the state law does conflict in where?How both construct can form the benign interaction?This article uses the fieldwork method,unifies the historical data research and the questionnaire survey, attempts take the Jinlong town Zhuang ethnic group as the example to these questions to carry on the theory the discussion,The article has thoroughly excavated the reason and the resolution method which the conflict produces,in order to proposes some references for the transition period Chinese government by law construction.
Keywords/Search Tags:The customary law of Zhuang nationality, the State Law, conflict, adjustment, Legal pluralism
PDF Full Text Request
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