On The Interaction Between The Customary Law And The State Law

In terms of polyphyletism of law, customary law is a kind of generic terms with certain mandatory and punitory behavioral norms, which is independent of the state law, basing on the specific social organization and authority and taking the customary rights and duties as content. The content of customary law of Tujia ethnic minority has a different transition from feudal society to modern society, but it exists extensively in the minds of Tujia ethnic minority in thousands years and it has the specific cultural functions. Taking Hejiaping town in Changyang tujia autonomous county, called Hejiaping town in Changyang for short as a survey point, this paper has described thickly the marriage, funeral and conciliation customary law with the methods of field works and historical literature review in order to study the interaction between the customary law of Tujia ethnic minority and the state law and the integration in rural governance. This paper is divided into three parts:The first part is introduction. It has introduced the context and the significance of the research, the situation of researches on the customary law both at home and abroad and also the research design in this paper.The second part is the main core of this paper. It has researched and discussed the interaction between the customary law of Tujia ethnic minority and the state law from a number of aspects. This main part is totally formed by three chapters. The first chapter has introduced the transition of marriage customary law of Tujia ethnic minority at Hejiaping town in Changyang to analyze the interaction of conflict and integration between the marriage customary law and marriage law of PRC. The second chapter has described the transition of funeral customary law of Tujia ethnic minority at Hejiaping town in Changyang to analyze its specific cultural functions and also to study the interaction between the funeral customary law of Tujia ethnic minority and the state law. By describing the transition of conciliation customary law of Tujia ethnic minority at Hejiaping town in Changyang, the third chapter has studied the interaction between the conciliation customary law and the state law. It shows that the main characters adjusting villagers'dispute is the people's mediation committee who stands for the national power, but the process of mediation is the using of local knowledge in essence. What's more, the standard of dispute mediating of Tujia ethnic minority at Hejiaping town in Changyang has a tendency that is the integration between the customary law of Tujia ethnic minority and the state law.In the third part, a conclusion has been made, pointing out the reason why the customary law of Tujia ethnic minority and the state law can interact nicely. The fist reason is the customary law of Tujia ethnic minority existing reasonably in fact, but it also has shortcoming. The second reason is the state law playing a leading role, but it also has limitations. Further, it put forward a method that the customary law of Tujia ethnic minority and the state law can interact nicely.