Kuans Of Dong Nationality Research

In recent years, scholars of the folk law customary law of ethnic studies from the wider perspective into the detailed, specific perspective, specific to a certain minority customary law. The customary law of ethnic studies, to improve the level of legal system in ethnic regions is of great benefit, is conducive to the stability of ethical region and unity, can advance ethical region judicial system reform and consummation. The author selects the Dong nationality customary law as a master thesis research object is based on the above consideration. In the paper, the author uses the literature method, comparative analysis method, contradictory analysis method, historical analysis method, research method. The whole thesis consists of eight parts.The first part is the summary of Kuans of Dong, the basic meaning is discussed. The author believes that" Kuans" is a code name different from other studies, refers to a kind of system, the rules or organization, and further thought from the semantic of sophisticated, Dong" kuans" and of little importance. In a clear meaning,,I advocate from history to understand and grasp the social nature of "kuans" from the two sides "kuans" of the social nature. Then I analyze the Kuans of Dong function undertake macroscopical, think Kuans of Dong has at least a normative behavior, moral education, harmonious relationship, social reform, enhance the centripetal force from five aspects function,and so on.The second part discusses the double perspective of Kuans of Dong. I think, all on Dong can be investigated from organization and standardization.Kuans is not only a kind of social organization, but also a kind of social norms. From an organizational perspective, the author analyzes the organizational structure, personnel structure and organizational characteristics. From the angle of social norms, the author examines the paragraph about the text form, content, function and its legal relationship.The third part using the methods of historical analysis on Kuans of Dong were studied. Kuans of Dong change most intense period were studied, the change were analyzed from the organization, activity, specification, function four aspects. I think village’s rules come mainly from the Dong paragraph about, the former is the inheritance and continuity, so there are similarities also has difference, but Dong paragraph of Dongxiang influence still exists, manifested in various ways. Its reason has two sides, one is forced to the impact of foreign rule, on the other hand is the idea of foreign advanced culture and other factors.The fourth part study from the perspective of solving disputes of Kuans of Dong nationality.It is from property disputes, disputes, inheritance dispute to start. And there are two different dispute settlement, which are the traditional and modern.The cause of formation, its essence is in the Dong area exist in two or both or alternation of authority, and then, on the Dong area of dispute settlement for a brief evaluation.Then discusses the Dong, and the national judicial.First of all to the customary law of marriage as an example, the national law undertook contrast, find out the conflicts between them, and how the two adjustment are discussed. Secondly, to Dong District forest rights have as an example, the forest right of customary law and national law carries on the contrast, similarly to explore how to Dong District forest right of customary law and national law adjustment are studied.The fifth part is about the future of Kuans of Dong, that the statute until now still has certain rationality, but its limitations are also very prominent.How to correctly deal with the Kuans of Dong manifested in four aspects:to have multiple legal consciousness, national law should be properly absorbed Dong statute and spirit, both are complementary, and the right to play the function of the elderly association.The last part mainly discussed author’s thinking. First discussed the experience and lessons of history. Based on historical experience, the central to the local minority management should pay special attention to the people. Secondly, from the management level, law, judicature and ethnic customary law research perspective author’s some thoughts and ideas. The author thinks, Dong area has its self-contained management system, there are many management experience is worthy of absorption. From a legal perspective, from the broad sense, in fact, about and national law belong to the same specification, essentially the same, and further the transformation of Dong customary law from economic base field, at the same time of the Dong nationality customary law research should rise to run the level, rise to the level of social control to consider. From the legal perspective, should be active, active, judicial reform completely into Dong area and minority area, so it is reasonable, to meet the demand of society. Finally, the author talk about his view from the methodology angle.