The Research On Customary Rights

Since 1978, china started to build the basic framework of China's legal system . Our theoretical circles have an extensive discussion about the relevant statutory rights issues. But the research about customary rights which has the logical relations with statutory rights is not in depth in today's academic system. At present most discussions about customary rights just stay at the levels of the concept and the characteristics. There are very few researches on social practice. The paper first attempts to have a systematic summary and finishing about customary rights meaning, characteristics and evolution of the development process, the role and significance as well as its form of expression and the exercise of the conditions. So that we have a clear apprehend about the system of customary rights. To lay down a good theoretical basis to the part that the practice and the position of the customary rights. Secondly, this article from the perspective of empirical have an analysis on the relations and conflicts between customary rights and statutory rights , and give a more detailed summary in accordance with the ways of all countries in the world to the dealing with conflict between the customary rights and statutory rights. These methods for our practice of lawmaking have a strong reference. Thus I put forward some points of thin see at the issue that how to deal with the conflict between customary rights and statutory rights at the process of lawmaking.In this paper, I conduct a full evaluation mainly through a large number of detailed examples, from space dimension and time dimension, a historical perspective on the theory and practice of the customary rights. I carry out some detailed expositions and analysis on the relationship of customary rights and statutory rights from various angles. This paper has a more complete summary and conclusion on the ways to deal with the conflict between customary right and statutory rights in different countries.Through the finishing details, draw conclusions, analysis and summary to the customary rights, we can basically grasp the operation of rule and the essential character of customary rights. We will be known that only by seriously consider the operation of rule and the essential character of customary rights, the country would be able to go with the tide, and cultural would be inherited. Only by correctly grasp the relationship of customary rights and statutory rights and properly treat the conflict between customary rights and statutory rights, we would be able to go smoothly in the process of the transformation of China's rule of law. Thus it would be in line with demands of a harmonious society.