Inheritance And Development Of New Self-restraint To National Customary Law

Self-restraint is an important part of Chinese traditional culture. Self-restraint is a standard formed by working people, in the long social practice gradually passed down from generation to generation, is established between individuals, between the adjustment of the social relationship and tribes. Before the founding of new China, most self-restraint as the guiding ideology of feudal legal, played an important role at that time of the social life, and played the maintenance of local social order purpose. Because villagers abide self-restraint, it have been gradually improved, realizes organizational, institutionalization, and constitute an important part of traditional Chinese culture gradually, and provides important reference and experience for for the present stage of our country construction and the villagers’autonomy self-restraint construction. New self-restraint is relative to the feudal ideology set up for the feudal self-restraint. New self-restraint is modern rural grassroots regions which to realize the important means of democratic autonomy and the villagers realize self management, self education and self service important standard system. New self-restraint is better than the old self-restraint whatever in form or content,they are more advanced, more in line with the modern law spirit. Because new self-restraint in national regions have more national characteristics, especially those with different own national characteristics of folk, so it present a more rich in content and form, and bring a lot of research material for self-restraint studying.This paper is studying for miao and dong area in the southeast Guizhou, for the purpose to helps to improve the national customary law theory research level, promoting ethnic theory and legal theory (especially the judicial theory) development by studying the miao and dong’s self-restraint research, especially in combination of southeast Guizhou miao and dong customary law research. In addition, studying new type of self-restraint contributes to the use of national customary law of tolerance and reasonable, to improve the dispute resolution ability and social effect in national regions and improve the judicial affinity It is also helpful for further communication for the relationship between law and national regions in the real life, to achieve the integration of reasonable method, promote the judicial harmonious.The research methods used in this paper include social investigation, literature research and inductive statistics. Social investigation is used mainly to investigate and survey part of the counties, townships and villages in southeast Guizhou, and collecting materials. Literature research is to summarize the useful ideas and material after reading and studying relevant books and thesis about self-restraint. Inductive statistics are summarized on the above materials for systematic induction, and arrangement, forming a set of system materials about self-restraint.This paper made some practical and theoretical results after understanding roundly and analysising systematacially the self-restraint in southeast Guizhou. In the process of practicing investigation, we know the formation process and history of local self-restraint, master the efforts and practice that made by local. We formed a system of text which shows the development of the self-restraint in southeast Guizhou systematacially after collecting and arranging different period and type of new self-restraint. In the aspect of theory, we realize that the traditional self-restraint existing some shortages, having historical limitations, and already do not conform to the present social production in every aspect of life, so we need to improve the traditional self-restraint urgently. On the other hand, we cannot ignore the content of the common law tradition when we are making the new self-restraint and we should inherit and absorb some beneficial customary. Therefore, it is important to construct and develop new self-restraint as the new self-restraint being the carrier between the traditional customary law and the modern legal.This paper is divided into preface, text and ending. Text is divided into five chapters. The first chapter is the introduction, mainly for the research status, expounding the research review purpose and meaning, content and method. The second chapter is the overview about the new self-restraint of miao and dong. The third chapter is to introduce the background and content about new self-restraint. The fourth chapter is to analysis the common social effect about the inheritance and development of new self-restraint. Chapter5is to perfect the new idea and put forward Suggestions. Conclusion is the prospects of new self-restraint, expecting new self-restraint can play a greater role in the national rural society.