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Influence Of Hui Nationality's Custom In Our National Autonomous Areas' Civil Legal System

Posted on:2013-02-06Degree:MasterType:Thesis
Country:ChinaCandidate:D W HanFull Text:PDF
GTID:2216330374950922Subject:Legal theory
Abstract/Summary:PDF Full Text Request
China is an uniform and multiracial nation. Because the dissimilarity of thehistory, geography and humanities environment and life custom, each race, regionforms their own special culture and behavior habit. And some customs and traditionshave been being reserved.The Hui nationality's population is comparatively more thanothers in our minority nationalities.At the same time,it is also distribute the mostwide.All of the people believe in Islamism.Each Moslem member must observe andexecute Alcoran and Hadith severely.Then formed a kind of special inner-controlledlive order to undertake social activities.On a certain meaning,it can be called "livinglaw".This special custom of the Hui nationality have made a deep impact on the lawsystem of our national autonomous areas.Especially on the civil law field.Through the method of provision,case,contrast and demonstration,the thesisanalyses effects on three aspects,it includes legislation activities, judicatory activitiesand the civil behavior pattern. Firstly, our relevant laws and administrative regulationshave recognize and protect some Hui's custom.Besides,our national autonomous areasown a certain legislation autonomy.Then they can make adaptations andcomplementarities on the law,according to the characteristics of localminority.Actually,it is the form that use legalization to adopt and absorb some Hui'scustoms.Secondly,if the civil cases involved the Hui's customs in the judicatoryactivities,but lack of the explicit law basis to judge.The judge sometimes considers it.Consequently,it is acknowledgement that exert the form of adjudication.Besides,someHui's customs are not express with the form of legalization,as well as judicialprecedent.But they are still exist in the Hui people's real life,and affect the civilbehavior pattern of the national autonomous areas.The author deems that we should fully respect the legislative autonomy of thenational autonomous areas in the legislative activities.Properly handle the relationshipbetween the national law and the special law of ethnic autonomous areas.In judicialactivities,to focus on the use of the habit and the informal scourses of law.Under the principle of law achieve the unity of principle and flexibility.Besides,establish theconcept of the Pegal Pluralism.Attach great importance to the positive interactionbetween the national law and the civil law.Thereby,contribute to the rule of law andmaintain harmonious and development in the national autonomous areas.
Keywords/Search Tags:Hui nationality, custom, national autonomous areas, civil legalsystem, folk law
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