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The Conflict In Dongxiang Customary Law And Statute Law And Its Coordination

Posted on:2014-05-21Degree:MasterType:Thesis
Country:ChinaCandidate:S Y ZhuanFull Text:PDF
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Gansu Province in China is a country with Hui, Tibetan, Dongxiang, Tu, Yu solid, security, Mongolia, Sarah, Kazakhstan, Manchu and other16ethnic multi-ethnic province. Among them, the Dongxiang, Yugurs, Bonan of Gansu Province, unique nation. Over the past decade, Shule project has been placed in central and southern Gansu Linxia, political, Yongjing, Jishi, Dongxiang and other11counties involuntary resettlement75,000people, including Jiuquan City area there are30,000people. In recent years, with the implementation of the project and the large number of immigrants Dongxiang people of migrant workers, and gradually formed with other ethnic groups, especially the situation of the Han nationalities live together, only the author of the work within the jurisdiction of Jiuquan City, the township had1.3million, accounting for jurisdiction50%of the population. This makes Dongxiang cultural structures and customary law concept of consciousness was a lot of new problems, but also bound to Dongxiang Ethnic Customary Law and National Law showed the conflict. It is proved that this institutional conflict also extends to the judicial practice. Although China Dongxiang ethnic ghettos in striving to promote the rule of law, but the reality is very difficult to achieve the unified national law. In Dongxiang ethnic minority areas, people are still greatly admired Dongxiang ethnic customary law and use it to resolve their disputes. Therefore, in the judicial practice of ethnic minority areas, ethnic customary law and state law conflict is an unavoidable objective existence. However, how to achieve Dongxiang Customary Law and National Law interaction is a very complex legal issues, so explore the legal awareness of Dongxiang ethnic, national psychology, face Dongxiang ethnic customary law through legal modifications and supplementary and other means, and actively guide their play properly function, thereby improving the national legal system to safeguard national legal authority, strengthening national unity, safeguarding regional stability are of great significance. This paper is divided into four sectionsThe first part, from the national law, customary, common law definition of the concept of starting a minority customary law concept, characteristics and function, and to explore the Minority Customary Law and National Law relationship, there exist both conflicts.The second part, from Dongxiang formation of customary law, the definition and content of the main features, functions and other aspects of the Dongxiang ethnic customary law defines the concept.The third part, by analyzing and comparing actual cases respectively Dongxiang Customary Law and National civil and criminal conflict situation was summarized and analyzed the reasons for generating status quo.Finally, adaptation Dongxiang ethnic customary law and the basis of civil and criminal law and principles in analytical summary and, finally, on the conflict between the two measures for adaptation and integration to explore.
Keywords/Search Tags:The customary law of minority, National law, Dongxiang ethnic
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