| Nowadays, the discussions and arguments on the relationship between the expression and practice of law, which compel us to reconsider one question: what has happened between them? This thesis probes to answer this question, taking the dispute resolution as the beginning example, and tries to expound more exactly this relationship.Yizu is one minority nationality with long histories and customs. The laws implemented here are absolutely different from the statutory laws in our country. For lack of the laws' characters defined by some traditional textbooks, 1 call these laws as "custom laws", and inquire into their system. Firstly, beginning from lots of firsthand materials, this thesis exhibits some cases to show this custom law' differences to the national statutory awes. Secondly, this thesis explains the cultural foundations. Although the cultural background is complex, including politics , economy , culture, tradition and so on, this thesis expounds just from the important aspects of family organization, revenge, religion and ordeal.However, there still exist some changes, including the conflietion with statutory laws and the fusion of statutory laws and custom laws. Its reason, in the author's opinion, can be regard as the policy of "controlled social changes" in the past 50 years in China. Policy of compared with criminal law, civil law, and constitutional law and so on, the author tries to find the rationality of custom laws.Meanwhile, what roles can this system of "regional knowledge" play in construction of rule of law? The author, there are some concections between the mediational procedure in this custom lav and modern Alternative Dispute Resolution (ADR). Therefore, the research on custom laws of minority nationality will be beneficial to the legal reform in recent years. |
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