A Investigation On The Customary Law Civil In Xinjiang Kirgiz's Traditional Society

By reviewing the previous literature, this paper was based on three villages as the location of field investigation: Paerbayi village, Kulumuduke village, and Pulunkou village in Aheqitai town in Xinjiang Kezhou, and it aimed to explore the customary law of the residents there, the Kirgiz ethnic minority people in the field of ethnology and law disciplines. It also attempted to explain the practice of customary law in Kirgiz traditional society, further explore the conflict and accommodation between customary law and national law. Meanwhile, the study examined the change of Kirgiz's customary law in the course of law modernization and analyzed the role and its features of the customary law in Kirgiz's traditional society. This thesis consists of the following six chapters:The first chapter, namely introduction, mainly contains the purpose of the study and the research methods, the field survey and the choice of site points based on profiles.The second chapter presents the specific contents of the Kirgiz's customary law which is one of the cores of the thesis. This chapter contains the author's analysis and the classification of customary law of the Kirgiz ethnic people based on literature and field research information obtained using the method of anthropology. And it reviews specifically by combining the recalling of the customary law by old generation and the categorization of customary law by using customary law.The third chapter explores the present situation of Kirgiz's customary law, and it is the main chapter is the thesis. The data are collected from the filed investigation, and the analysis is based on the social practice of anthropology theory in Kirgiz's society.The fourth chapter interprets the relationship between national law and customary law of the Kirgiz which is also the core of the article, the author mainly use the case study method of anthropology, that is, a method of dynamic process of a typical case, showing the conflict and adaptation between national law and the customary law in the process of law modernization anthropologyThe fifth chapter that is, to explain the process of modernization of the Kirgiz ethnic customary law, is also the core of the article. In this chapter, I will explain the process of modernization Kirgiz changes in customary law, as well as the Kirgiz people in the contemporary social life in the traditional role and characteristics at the same time, Kirgiz discussed the succession issue of customary law. The sixth chapter is a summary of the thesis. Through customary law Kirgiz description and analysis, through the interpretation of customary law with national law, as well as customary law in the modern changes in the process of research can be drawn the following conclusions: Firstly, the existence of very rich customarylaw in the Kirgiz's traditional society. The customary law covers all aspects of social life especially in the civil field; secondly, the existence of the conflict and adjustment relationship between Kirgiz customary law with national law. Thirdly, Kirgiz's customary law is adapting to the national law. Fourthly, despite the Kirgiz's customary law still play a positive role in Kirgiz's contemporary social life but in the process of modernization of law, it is going through unprecedented changes, not only in regard to changes in its content, but also in the changes in their traditional authority, the heritage of the Kirgiz's customary law is facing problems, the national culture policy should give more attention and interpretation to this problem.