The Miao Folk Law Of Judicial Application In Southeast Of Qian In Guizhou

In recent years,folk law attract our eyes.and also have a lot of questions from some scholars. The so-called folk law, is refers to the people in long-term production life, on a particular time in space, formed universally binding, inheritance and be followed from social rules. Relative to the national character, folk law is formal legal origin, more for minority areas, especially economical more backward remote village.China is a multi-national country, each national folk law has its advantages. This paper mainly introduce the miao folk law in guizhou and judicial application problems. In the first chapter of the article, expounds mainly is the content of the miao folk law, representation, and international law and the conflict. The main content of the miao nationality folk law matrimonial inheritance, mountain forest land and so on, expression form of our rules and taboos and self-restraint. Miao folk law with some of the rules state laws conflict, so we must face up to the positive role of the miao nationality folk law, also want to try to overcome the negative effects of balance in the judicial practice the interests of all parties and factors, in the implementation of the national law at the same time also can promote the development of local folk law. The second chapter of the miao nationality folk law is the judicial application, including proceedings in the way of the final decision to judicial application in mediation, non-litigation way of judicial application case in the process of implementation and judicial application. The content of the involved a marriage, family, property inheritance and ownership protection and so on. In the next chapter, and analyzes the miao folk law in judicial application’s problems. In addition to its own vulnerability of folk law miao outside, also reflected in the main body of the judicial application differences. The fourth chapter further how to perfect the miao folk law of judicial application, perfect the miao folk law is not an end, but a process. First of all you should establish judicial recognition mechanism, the parties concerned produce evidence to prove the authenticity of the contents of folk law and correlation, the judge based on this judge recognition, and confirmed. And then to clear miao folk law into judicial application of the basic way, these usually include the way for interpretation, the typical case instruction and the local legislation. Among them, the local legislation is effective but a technical content is higher, and need to the state legislature and the support and recognition of the justice department. Finally, in our country and improve the judge’s judicial ability. The judge’s judicial ability are directly related to the solution of the case and the social public to the understanding of the rule of law. The judge’s ability more, the efficiency of the dispute, the higher the public recognition sex will also improved, so to the local legal construction sure has a positive influence. In minority nationality areas, the judge should not only follow the national law, and to coordinate well with folk law of international law, the relationship between the judge is a severe test, so much more of the judge’s judicial ability to strengthen.With the development of social economy, miao folk law is then developing. In the block remote areas, and gradually to the open, was the baptism of modem culture and influence, the villagers gradually understanding of international law, believe that the authority of the state and the strength, but, in the local folk law still plays a vital role. So, perfect the local folk law, not only can effectively solve the disputes, can also boost the local legal construction, the construction of the rule for China to provide foundation of practices.