On The Customary Law Of The Yao Nationality In The Process Of Legal Modernization

[Abstract] As Mr Fei said in the "Native China", Chinese are generally living without law, the traditional Chinese rural society is a "no-law" society, the ’law’ which they mentioned refers to the national law.(With such a long Chinese history, Chinese social relations have been long in order in the absence of law, and the customary law played as the key.) In China, as everyone knows, families based on blood relationship and clan society, which is made up of families are the basic organization units of the society. In the historical process of continuous development, the clan with such kind of kinship and natural customs have been slowly accumulated, and then it has brought great impression to the legal process of China’s development, and gradually formed a Chinese legal culture and the basic character of customary law, at present, China’s legal system includes National Law and Customary Law.Society is a complicated system. It cannot be extended to all levels of society only with the State Law. The customary law becomes the major social norm and restricts people’s behavior where the national formulation law does not exist. China is a multi-ethnic coexistence state, in the long-term production and life practice, different ethnic groups have formed a norm system reflecting the unique mode of production and way of life, which plays as the faith of own ethnic members in the process of historical development, and all the systems make up of the customary law of Chinese nation.The Customary law of Yao nationality is a part of the Chinese jurisprudence, and also the precious wealth of the traditional law culture based on its important role in adjusting the Yao people’s production and life relations. It not only affected the Yao village people’s thought and behavior in the history, but also still plays a great influence in nowadays. Legal pluralism is the phenomenon which has affected before, still exists at the moment, and would exist for a long time in the area of our country minority. The national law is considered as a transplanted law and a foreign law by minority people. Under the strong context of the national formulation law, the minority people do, or not to do in accordance with the national law rules, but still follow the customary law of this nation in many aspects of life, people are getting used to resolving some disputes encountered in daily life according to the customary law of the nation’s. The ethnic customary law which plays a lot in the treatment of disputes is consistent with national law content, and also has its conflicts against. It has the important theoretical and practical significance of this topic on how to solve the conflicts between ethnic customary law and the national formulation law and then promote the development of national customary law. Based on the analysis of the customary law of Yao nationality located in Fuchuan Yao Autonomous County. It indicates specifically about the concepts, characteristics, content and form as well as social function of customary law of Yao nationality. On the focus of the conflicts and fusion between the national formulation law and the customary law of Yao nationality, it is applied to find the way of development, and to further promote the legal construction and modernization in ethnic areas.