The Research Of Modernization And Transformation Of Chinese Minority Customary Laws

Social complexity and social adjustment system diversity indieate that law is afundamental social adjustment system.Following the trend of unifying andmodernization,Chinese legal system is on the way between conflict and cooperationof reality and ideal,tradition and modernization,nation and alien,speciality andgenerality. In China customary laws system,minority customary laws have the mostabundant contentsand the most profound influence. But these customary laws havemany conflicts with national legal system for their ethnic characteristics.And theexecution of national laws also encountered problems in many ethnic areas. In thissituation,it is imminent for modernization of China minority customary laws.So theauthor of this article try to discuss a path of modernization and transformation whichsuit to the mode of Chinese development.This article is divided into four parts, except for the introduction and epilogue.The first chapter,the outline of ethnic customary laws,mainly introduces theconcept,features,the historical development and present situation of the ethniccustomary laws,then discusses the causes why the ethnic customary laws can exist fora long time.The second chapter,the inertia of the national laws and ethnic customary laws,itanalyzes the conformity of ethnic customary laws and national laws,then analyzes thedilemma of the application and execution of national laws in ethnic areas,at last itreasons the possible causes.The third chapter,discourse the necessity and feasibility of modernization ofChina minority customary laws under the meaning of modernization.And prepare forthe last chapter.The fourth chapter,define the target of trandformation,discuss the path ofmodernization of China minority customary laws in detail by study de experience offoreign countries when they handle the similar problem.