Anshun The Ziyun Region Buyi And Customary Law And The Relationship Between National Criminal Law Research

Buyi has a long history。In its long development process, It produced customary law of a unique culture , These norms of customary law has been buried in the ideology and values of Buyi people's, which plays an effective role in adjustment of social order and safeguard the people's interests as the native people to abide by a code of conduct. However, national criminal law dominates the world today, The content of the criminal aspects of customary law is excluded and deported by the mainstream criminal law theory .In this case, in the areas ZiYun county, ZhenNing county and other Buyi neighborhoods in AnShun, The Buyi customary law still exixts strongly, It contributes their own meager efforts to the legal system with its unique way to compete with national law and interaction with the social order of this region .This paper compared and analysed the Buyi customary law crimes, penalties and special rules .we can see that there are many differences and conflicts between Buyi customary law and national criminal statutory law ,such as a crime, crime type, the purpose of punishment, the penal system, penal categories., but we found that the two systems have conflicts, at the same time they also have an interactive action through further analysis of criminal cases in the region of Buyi, the grass-roots judicial staff combine the two systems together wisely to create some rules that contains both "vague" legal product, avoiding confrontation and tension of the two systems in real life.In theoretical principle of legality the context , although the customary law suffered from the the fate of being exiled embarrassment, with continuous development of the principle of legality theory from a closed to an open, Buyi customary law has a reference and promoting role in developing law in many countries .In the Buyi neighborhood, the state legislature can have a choice in the legislation to absorb customary law norms as well as the development of national the penal law modifications, etc, to eliminate the fracture and tense relations between the two kinds of rules so as to promote the legal system construction in this region .