The Special Community Based: Analysis Of The Customary Law Of Traditional Social Organization And Leaders Of Li Ethnic In Hainan

The He Mu and the Dong are two forms of the traditional social organization of Li ethnic which generated the social organization and leader law which reflects obvious characteristic of the community based. The content of traditional organizational law of Li ethnic is based on lineage and the respect of team. The social member has highly consistency in rights and responsibility, and is subject to the social team due to the status in the community. The headers of Li nationality is called as Mu Tou and Dong Zhang, both of them is the soul of the team, the aim of rule is to ensure header's power to operate effectively by democratic participation and restricting of right to power, and further to maintenance and promote the survival and development. The approval of central government, which different from Germanic tribe law era which without intervention of nation power is the foundation of the social organizational and header customary law can exist validity. At the same time, because of the customary law of social organizational and leader is a kind of social rule suitable for under privilege natural economy and has its nationality spirit meaning, is be called the live law of Li ethnic.The first part of the article introduce that the appropriate operation of central government's power is the foundation of the social organizational and leaders customary law can exist validity. The operation technique of the power actually gives Li ethnic the right of autonomy. Take actions that suit local circumstances is the theoretical foundation of the autonomy. The fulfillment of autonomy is central government organizational structure in hainan which finally get good social effect between the nation reunification and development of Li ethnic.The second part of the article introduces the content of the traditional organizational customary law of Li ethnic, which mainly explains the rule of human, action rule, object rule, and the aim of the rule is social harmony. The backward development of prolificacy is the economic reasons that produce the social organizational law. Limitation to each person is the means to social harmony.The third party of the article introduces the content of the leaders customary law of Li ethnic and summarizes the special characters such as information opening, the system protecting of democratic participation, the balance of right and responsibility, the penalty of header governing, the comprehensive balancing of efficiency and safety. And the article further discusses on system of accountability of Li ethnic.The fourth part describes the revelation of the social organizations and leaders customary law of Li ethnic. First of all it can help us to contribute the understanding of the definition of law and highlighting social adjustment function of the customary law of leaders customary and social organizations of Li ethnic; second, by the stress from the Li community based extended to groups of five thousand years of the Chinese people experience, points out that this departure from the people to restrict the rights of individuals is the social group (family, associations, national, etc.) within the rule of law is characterized by the traditional Chinese society, and is the historical experience of the law. At the same time, many Western societies' jurists oppose the abuse of individual rights and unlimited expansion and put forward personal interests and social interests of the equilibrium theory. Finally, by the display and analysis the customary law of leaders and social organizations, the article explores the possibility of realization of the modernization of the law.