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Perspective In Xinjiang Oirat Mongolian Traditional Family Life, Courtesy Of Customary Law

Posted on:2003-12-04Degree:MasterType:Thesis
Country:ChinaCandidate:Q WenFull Text:PDF
GTID:2206360062990858Subject:Legal theory
Abstract/Summary:PDF Full Text Request
China is a multi-national society enjoying a long history and brilliant civilization. Against the background of governing the country according to law, the probe into the customary law concerning minority nationalities is inevasible and in conformity with the contemporary requirement of governing according to law. Based upon social investigations, meticulous observations of traditional daily etiquettes of Weilate Mongolian inhabiting in Xinjiang as well as hard work such as consulting, collecting and arranging relevant historic materials and materials on folk customs on the part of the writer, the paper gives a detailed depiction of the customary law governing the traditional daily etiquettes of the society, aiming to show the truth that the customary law is the working law for it. It has various forms of manifestation and profound connotations. And it exists side by side with the state law in the society and each plays its different social roles. The paper consists of five parts. Part I gives a brief introduction of the general historic situation and the patterns of distribution of Weilate Mongolian inhabiting in Xinjiang. The writer intends to show that it is rational for him to limit the range of research to the traditional daily etiquettes. By depicting the customary law concerning respecting the elders and harmonizing clansmen, Part II shows that the traditional customary law is not simply left over by history but a logical way adopted in order to exist. It not only exists in reality and performs the social function of the law but links clansmen.Part III shows by describing the customary laws governing the birth and marriage ceremonies that in that society, it is a fact that the state law exists side by side with the customary law, but they are different in origin, content and form of manifestation. The customary law is more concerned with the trivial aspects of daily life than the state law. Part IV deals with how the members of that society communicate with each other. Its purpose is to show that in reality, the customary law is comprehensive. It cannot be replaced by the state law. Each can be brought into full play without each other's company. Part V summarizes the paper and concludes it.
Keywords/Search Tags:the customary law, Weilate Mongolians
PDF Full Text Request
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