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Study On Minority Miao's Customary Law Of Guizhou

Posted on:2011-03-28Degree:MasterType:Thesis
Country:ChinaCandidate:W H ChenFull Text:PDF
GTID:2166360305977730Subject:Legal theory
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Miao ethnic minority in China, one of the more populous, is an important member of China's fmily. Miao customary law is an important component of the social superstructure. It is embodied in the history of the Hmong dominant social norms will of the ruling class, in the village social production and life, has a profound social foundation. As Guizhou Miao tend to live in akin to finding far inaccessible remote areas, the history of contact with the outside world is relatively small, the impact of Chinese culture was not affected by deep, so a large number of customary norms remain to liberation. And even some traditional customary law norms in the region today, Miao people's thinking, behavior and social life have a greater or lesser extent. Libo, Guizhou Miao nationalities live together with the surrounding several hundred years are still tenaciously to preserve their nation's own unique nature of customary law, in-depth development of reform and opening up and developing the western region today, residing in the Mainland Area National Bulk few of these little nation, in which its own unique cultural environment and with the mainstream culture, the relative adaptability of all ethnic groups in China have a mixed area, a small inhabited by the consistency of the distribution of characteristics, its economic development, national customary law, changes in the state of our research law and customary law, appropriate adjustment of minority problems have a certain degree of representation and typical.Full-text for the introduction, body and conclusion of three parts. Text comprises six chapters: the first chapter mainly analyzes the basic concepts of the relevant customary law issues, including: first, the concept of customary law in China, the Republic of China to the new China was founded, the Soviet Union after the introduction of the concept of law rheology. Second, the reform and opening up China's jurisprudence of customary law relating to the concept of two kinds of major general description, and the two concepts carry out the necessary sub-sector; third made this paper, the definition of customary law in order to begin discussion of this article . An overview of the study in Guizhou Miao status of customary law, both at home and abroad to describe. Overview of the basic means in the analysis stage study of customary law at home and abroad Miao Miao neighborhood tend to be concentrated in the core region, while the area of the Miao ethnic minority stray often Debu importance of customary law. The paper is based out of the current situation of such a selection of such a spurious area of the Miao ethnic minority village for its use of field work, field surveys, mainly interviews and participant observation were used.Chapter II presents an overview of Libo County, Guizhou, Libo County, including the history and the division of administrative regions landforms natural resources and ethnic, demographic profile. As well as fieldwork investigation points Otsuchi the basic situation of the village. Chapter III expounds the liberation and the liberation of Guizhou Miao changes in social organization, as well as comparative analysis, focusing on the introduction of the Otsuchi Walled Village, the unique model of the old tradition. Chapter IV describes the performance of customary law in Guizhou Miao form and content, are mainly three kinds of expressions are lang regulations, taboos and regulations and pacts. Article to the village of Cunguiminyue Otsuchi example, the study of customary law in Cunguiminyue Miao embodiment, the article suggested that although a large number of absorbed Cunguiminyue Hmong customary law, but the actual role is not obvious. Miao in Guizhou the content of customary law in reference to the author describes the investigation into the village in the Otsuchi case to analyze the Miao ethnic minority stray areas the role of customary law. Chapter V focuses on two aspects of the Hmong from the pros and cons of common law legal system, the building of the local analysis of the impact. Have a positive effect on a mass basis, the effect significantly, saving the cost of justice, taking into account the sentiments and a useful complement to the national law. The negative effects are also apparent conflict with state law, affecting the popularity of national law and arbitrariness and injustice. Chapter VI stray areas against ethnic minorities exist in customary law put forward a solution and measures.Conclusion part is about the Miao vision for the future of customary law. Indeed, immediately to address minority customary law and national law conflicts is difficult. But I still believe, as long as the concern of academics, as always, the party and the government to give sufficient attention. Minority customary law and national law will eventually solve the problem.
Keywords/Search Tags:The coutomary law of national minority, the Miao nationality common law
PDF Full Text Request
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