A Study On The Problem Of Yi People 's Civil Customary Law

Yi has an estimated population of eight million, it is a unique and ancient ethnic groups which live in the southwest of China, it is also dissolve into the big family of the Chinese nation, with a cozy and enduring.After the founding of new China, many of the yi people’s common law content is complete, it still plays an important role in social stability and social regulation in today’s society, and more or less affect yi ethnic people’s ideology and contract specification. The Yi’s civil customary law can play its unique role in some serious criminal cases, alleviate the yi area judicial organ litigation pressure, also greatly reduces the mass complaint reporting at the same time. the reason why I choose this topic is not only because it is a native of the yi, but also because I have a certain understanding about the Yi’s civil customary law and the call of national sense of responsibility and mission being a member of yi nationality is, I hope the valuable treasure of our national culture is presented to the world.But we had to admit that yi many content in civil law are even the product of the slave society. The present situation of the local The Yi’s civil customary law the good and bad are intermingled, make its existence and some conflict between national laws. Thus the modernization rule of law in our country, how to coordinate yi relationship between civil law and national laws, the transformation of The Yi’s civil customary law is a big puzzle.The content of this article is divided into the following several aspects:The purpose of the introduction part from the study, methods, significance and research status at home and abroad and so on has carried on the comprehensive elaboration. The first chapter theoretically on the basic of the customary law of yi civil legal problems made in detail; The second chapter mainly introduces the content of the yi people’s civil law, including yi’s theory of personality lift in civil common law rules and common law system of the common law; The third chapter discusses the source of the yi people’s civil law position, draw lessons from customary law theory; The fourth chapter yi road to the modern transformation of civil law put forward some thinking and Suggestions, the fifth chapter mainly solve the conflict and coordination of the yi people’s civil customary law and national law.This article applies the method of law, sociology and history and theory by means of literature data method, analysis law, benefit analysis and methods of field research, using the comparison study of yi’s civil law, from theory to actual situation, take the multi-angle comprehensive interdisciplinary research and analysis, the transition from slave society to socialist society of yi civil common law made system comprehensive study as much as possible, hope that the theory of national legal system can promote the process of the legal construction government in minority nationality areas.