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Oroqen Customary Law Study

Posted on:2008-12-09Degree:MasterType:Thesis
Country:ChinaCandidate:D Z LiuFull Text:PDF
GTID:2206360212485829Subject:National law
Abstract/Summary:PDF Full Text Request
China is currently experiencing tremendous social change. Rely on customary law to make a living out of the social environment. Elunchun as a present, only 8,000 people of the nation, their customary law is undergoing enormous changes. Through detailed carding Elunchun history of social development, to outline a Elunchun customary law changes map and display the state law and civil law, the formulation of law and the customary law, the law on paper with the operation of law interactive process, reveals the central government's strategy to deal with minority and ethnic self-sustaining basis. On this basis, this paper faces today legal unification campaign, national "one size fits all" approach to its policy decrees, and ignoring minority customary law, and it is not without criticism. On how to handle ethnic society in transition customary fate, This paper adhere to the traditional Chinese treatment, "Hua Yi relationship" with the principle that "due to popular rule," under the premise full respect for minorities customary law to nurturing cultural diversity, efforts to build a "different" the "harmonious society." Central and local governance of the national strategy should be based on this principle.To investigate the customary law in the Elunchun social changes of the role, the integrated use of this Law and legal analysis of Sociology, define the content of customary law, and in this screening Elunchun civil, economic, criminal and marriage and family, and other aspects of customary law. The description and analysis revealed that the customary law of relying on its social environment. Took Elunchun also with the Chinese civilization to the "3000 no great changes" in a period of social transition. In this period, the fate of the Elunchun a fundamental change. Old disintegration of the social structures, customary law is declining, and new norms regulating the people have not yet formed. Law emphasized the macro level of national unity and common prosperity, and support for the Elunchun economic development, make a living out of their hunting culture (and the consequent formation of a series of national character) is not to be fully respected.Today, the period of social transition customary law of the nation's destiny, to bereasonable and meaningful resettlement, have to get rid of that kind of "globalization of law" and "legal integration" unified concept of individuality, the introduction of the "local knowledge" and "legal pluralism" perspective, customary law as the law of the sound. In the social development of customary law and changes in the relationship, State governance strategy should adhere to the "different and" legal autonomy of national development. This is right now the prevailing legal tide of globalization, from the evidence, and the national perspective of the cultural diversity question then established customary law in a modern society still has an irreplaceable role.
Keywords/Search Tags:Elunchun, customary law, the clan organizations, the State Law
PDF Full Text Request
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