The Study On Customary Law Of Kazakh In Xin Jiang

Customary law of ethnic minority, as an important part of customary law, is the richest part of the system of Chinese customary law, which still has significant influence on local ethnic minority. The research of customary law of ethnic minority is helpful to correctly treat law of"local resources"in the process of legislation, to resolve the problems about ethnic minority legislation in Xin Jiang, and to enforce the construction of our modern legislation.The paper, based on the multiple angles of customary law, systematically combs and summarizes customary law of Kazakh in Xin Jiang. Kazakh is a nomadic ethnic with 1.3 million population which has its unique culture of customary law. The paper employs legislative and sociological methods to define the content and concept of customary law and that of ethnic minority. Based on such theoretical framework the paper continues the research. The author, from history of legislation, tries to unfold the transformation of customary law of Kazakh. In order to systematically and comprehensively understand and master customary law of Kazakh, the author classified and combed its customary law under instruction of modern legislation by combination of status quo of its Customary law. Meanwhile, the confliction between customary law of Kazakh and national law is analyzed, and some thoughtful suggestions are presented so as to maintain the unity of national law, and carry forward the legislative process of regional Kazakh in Xin Jiang.