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Study On Minority Maonan's Customary Law

Posted on:2012-05-06Degree:MasterType:Thesis
Country:ChinaCandidate:Q J BaoFull Text:PDF
GTID:2216330338474259Subject:Legal theory
Abstract/Summary:PDF Full Text Request
In recent years, the studies on civil law and customary law, especially on customary laws of minorities are deeper and deeper. A lot of achievements have been made on the concepts, characteristics, and role of civil law and customary laws, and their relationship with the state law. The results of studies on the customary law of the minorities from the perspective of law, legal sociology and legal anthropology are obvious to all. However, these studies mainly focus on Yao, Dong, Miao and Tujia and several other ethnics. Rare researchers fix their eyes on the customary laws and civil law of many other ethnics. Or there are only a few limited studies, such as customary law and civil law of Maonan. According to the materials that the author have searched, it can be found that the present study on the customary law of Maonan is only one book named "A research on the customary law of Yi, Mulam and Maonan " written by Professor Chen Jinquan works in Southwest University of Political Science. The book is divided into Yi nation's customary law, Mulam's customary law and Maonan's customary law these three chapters. It mainly studies on the customary law of marriage and family of these three ethnics as well as the customary law of social property and other aspects. However, the book on the Maonan's customary law is not comprehensive and in-depth. Moreover, the Maonan nation metionod in this book mainly belongs to Maonan nation in Guizhou, rare involved the customary law of the Nango Maonan Ethnic in Huanjiang County that is the highest concentration and the most important gathering place of Maonan, especially the traditional forms of customary law of the next Nango Maonan-"Long Kuan". Maonan is an important member of the Chinese family, living mainly in the northern of Guangxi and the border of Guizhou-Guangxi. The most concentrated gathering place of Maonan is Nango Maonan Ethnic in Huanjiang County. The customary law of Maonan is an important part of Chinese legal system. And the customary law of Nango Maonan is the most typical and most representative. Therefore, the customary law of Maonan, especially the next Nango Maonan customary law naturally became the important part of anthropological research of legal, sociology of Law, and legal anthropology. Under the situation of Chinese law and Chinese rule of law, to research customary law of Maonan, especially customary law of Nango Maonan is even more important and urgent. Therefore, the author take the customary law of Nango Maonan as the object of this study in order to contribute to Chinese legal research and provide some reference for the modernization of Chinese rule of law.This thesis is divided into three parts:introduction, body and conclusion. In which the body is made up of five chapters, the specific content of these chapters are as follow:Chapter one firstly introduces the status of study on customary law of Maonan, pointing out that the relevant study on customary law of Maonan should be paid more attention to. Secondly, it summarizes the scope, definition and the concept of law and customary law defined by the academic circles. They Identity the view " any social norm with the authority, the universally applicable intention, rights, obligations and sanctions these four basic properties is the law. Therefore, the social norms of non-state, such as habits, customs, and pacts, etc. are also the law ". They accept the definition "The customary law is the sum of the universal code of conduct. It is formed naturally by certain groups or organizations of civil society in the long-term production and life. It reflects the will and benefit of the civil society groups or members of organizations and agrees that their rights, obligations and the resolution mechanisms of conflict. Its implementation is guaranteed by the material or spiritual power approved by its members. Thirdly, it introduces the purpose and significance of the present study, pointing out that the purpose is to increase the theory of civil law and customary law and provide the legislation reference in practice. The significance will be in favor of the study on civil law and customary law and benefit the rule of law of modernization. Fourthly, it introduces the methods used in this study, pointing out that the article adopts empirical method to research the customary law of Nango Maonan Hthnic in Huanjiang County from the perspective of sociology law, legal anthropology and history based on the collation and analysis of documents and historical materials. Chapter two emphasizes on the description and discrimination to the relevant concepts and categories of the Nango Maonan customary law. The first is to define the concepts and categories of customary law. It points out that the law mentioned in this article means that "any social norm with the authority, the universally applicable intention, rights, obligations and sanctions these four basic properties (including non-National social norms, such as habits, customs, and village rules), " defined by anthropology, While the customary law means that "the sum of the universal code of conduct. It is formed naturally by certain groups or organizations of civil society in the long-term production and life. It reflects the will and benefit of the civil society groups or members of organizations and agrees that their rights, obligations and the resolution mechanisms of conflict. Its implementation is guaranteed by the material or spiritual power approved by its members. " defined by the community. Second, it gives an analysis to the customary law, customary, civil law, village rules and state law and clarify the relationship and difference between them. Chapter three describes and analyzes the traditional customary law of Nango Maonan in Huanjiang County, including the customary law of social organization and main leaders, the customary law of marriage, family and inheritance, the customary law of agricultural production, living and social interaction, the customary law of funeral, religious and taboos, the customary laws of criminal, and so on. Chapter four describes the modern experience and changes of Nango Maonan customary law. Along with the social and economic impact of dramatic changes in China, the customary law of Nango Maonan has changed with the new forms. The modern change of the customary law of Nango Maonan mainly reflects in the form, content, effectiveness of development and the protection mechanism, which happened with the social economic change in China. Chapter five introduces the conflict and adaptation between customary law of the Nango Maonan and state law. The author puts forward some adjustment methods and measures basing on exploring the performance and reason of conflict of Nango Maonan customary law and state law.
Keywords/Search Tags:Customary law, folk law, state law, the rules and regulations of the village
PDF Full Text Request
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