The Path On The Solution Of The Conflict Of Customary Law And National Law

Customary law in the social life of China’s ethnic minority areas vitality and long-lasting, especially in the contemporary Chinese reality the practice of law, customary law with its own value independent from the State Law, it is also to adjust the norms of human behavior, it dependent on a dominant or invisible social authority, with certain heart deterrent and habits of the convention, in fact it is the solution to the practical problems of contemporary China, consciously abide by the unwritten rules, the adjustment object and basic functions with our national law there are dissimilar in many respects, especially the customary law of our country regulator and lubricant of a social order, with the value of the significance of national law is different, which is why there are so many habits The reason of the method to adjust the object.Under normal circumstances, the institute of law focuses on the object is the national laws, and researchers also tend to have some kind of nationalism notions. Such notions with the center of enacted law statism has its reasonable place, but it ignores an important and basic social facts, that is, the state enacted law in any society are just part of the legal life, no matter how important the role of, they also can build some law and order. In fact, whether in former times in human society, or in the country after each country and its different historical period, the social system model needs to have a variety of different specifications, to meet such as families, ethnic, tribal and community social unit needs, these specifications model in different degree, use the notation and effect of the law, they also is a kind of "law" or "law"., to say the customary law in the Chinese society is in such a state form of "law".However, Sources and form and background etc. due to many differences between common law and national laws of diaphragm, the contradictions and conflicts often happen. In some indications, pattern of the relationship between common law and national laws has become the serious obstacle of the rule of law practice. This situation forced the lawyers to rely solely on countries enacted law to deep on the road of rule of law, common law as the main object of study of folk law is beginning to become a hot topic of law.