A Discussion On Civil Customary Law Of Yao Nationality In Dayao Mountain

After being caught red-handed with a villager's Illicium velum,Lee was arrested and brought to a self-govemed punishment congress in his village.According to the regulation of his village,he should pay the penalty,the punishment enforced by the village rules executive group.Lee was unsatisfied with the punishment,he sues the village rules executive group to the court for the reason that unjustified enrichment.The key of this case is the legal validity of village rules.However,this case has its own special characteristics.The application ofthe village rules in this case is different from Han Nationality's customary law.In fact,it originates from Shipai laws which create by the ancestors live in Dayao Mountain area.The customary law of the Yao people has witnessed a change from the old Shipai system to the new one,both of which are for the purpose of settling disputes and maintaining the people's normal living order.The Shipai law system has the same character with the customary law from the beginning.In 1 980s,rural life existed confosion and disorder as a result of people's commune system collapse.The form of Yao Nationality of Neo·Shipai system is the inevitable result of the economic and social development of Yao Nationality.The social adjustment role of Yao Nationality's Neo—Shipai system cannot be neglected in the new historical period. The Neo—Shipai law system is the customary law ofYao Nationality.It is the behave rule that Yao people handle and adjust the relation of Yao Nationality,maintain the social order, solve the dispute.Its legal validity is rooted in Yao people's local acknowledgement and trustworthy,and mainly relies on certain regional public opinion which titans a so pot'el ful mechanism that Yao people have to follow it.In this case,Lee was enforces by his inner force and for the fear ofpublic opinions.The villagers didn't intimidate him,so we should not be in line with the unjustified enrichment.The application of Neo—Shipai law has its own legitimacy for the reason that it belongs to villagers'customary law.This paper analysis the change of the customary law of the Yao people mani fests that f0Ik laws arc one ofthe most important wld,rs to adjust rural social ordcr in minorilv arcas.a11d build a harmonious socicv)':and that to)plomote socialist legal construction.Importance should be attached to the coupling and communication between folk laws and state laws.