On The Yao Customary Law Of Guangxi Gongcheng

Our country is an unified multinational country, every nation in the long-term practice of production and life this nation will form a generational patterns of behavior and social standard, and this kind of social standard is the national customary law. As an important part of customary law in China, Yao customary law played an important role on various fields of Yao society, which has deeply and significant influence. Yao customary law Safeguard the overall interests of Yao in internal social order and people, to promote national unity and social stability. However, the customary law of Yao nationality which is inevitable lead to conflict and collision with the state law. Correctly handle relations between state law and Yao customary law, not only for our minority nationalities’customary laws are studied, and the relationship Yao nationality region and national law and the construction of a harmonious society. The thesis take Guangxi Gongcheng Yao Autonomous county as the object of this study, and field study on Yao customary law of Gongcheng. During the investigation working, Guangxi Gongcheng Yao Academic Association, Autonomous County National Bureau, the Government of Longhu Township and the Civil Administration Service Center gave a great support and help, obtain more abundant of first-hand material, based on the system detailed description of Yao customary law of Gongcheng, put forward analyzing the performance and conflict reason between Yao customary law of Gongcheng and state laws. And to promote the combination between them, provides some feasible recommendations and measures, in order to realize the benign interaction between Yao customary law and state law.This paper consists:introduction, body of four parts, conclusion and appendix. The introduction of this paper introduces the background and significance of the study, research review, research content and the methods used in this study. The first part of the body, it firstly summarizes the basis situation of Yao nationality of Gongcheng,and it summarizes the scope, definition and the concept of customary law defined by the academic circles, then the author identity the view the customary law is "independent with the state law, it is derived from the common practice of the local people in their community or society life, it represent the community or society interests and needs, on the basis of the sum of traditional authority and organization guarantee universal binding force and execution of its members’ code of conduct". Secondly, pointing out the customary law derived from taboos to customs, then from customs to customary law process. Then it analyzes the performance,the the characteristic and realistic function of Yao customary law. The second part, description and Analysis on the Yao customary law of Gongcheng, the main contents including the customary law of production and distribution, the customary law of social organization, the customary law of property, the customary law of loan, the customary law of public Security, the customary law of environmental protection, the customary law of funeral, the customary law of religious belief, the customary law of family, the customary law of marriage, the customary law of property inheritance, and social interaction, and so on. The third part, it mainly analyzed Yao customary law of Gongcheng and the state law in penalty, marriage, inheritance and other aspects of the performance of the conflict, and further explains the reasons of conflict and collision between them. The four part, it mainly analyzed the application and necessity of Yao customary law and the state law. Basing on exploring the performance and reason of conflict of Yao customary law of Gongcheng and state laws, how to realize the combination between them is discussed in detail and deeply introduction.In the conclusion part, a conclusion has been made, pointing out the We should respect the objective existence of Yao customary law of Guangxi Gongcheng, the correct mastering and processing the Yao customary law of Gongcheng and state law. By speeding up the economic development of the Yao area of Gongcheng, improving the overall cultural quality and education level of Yao nationality of Gongcheng abandon the legal monism to state law as the center, set up the law of pluralistic ideas; pay attention to the discrimination and integration of Yao customary law of Gongcheng, make full use of the region legislation right, constantly absorbing the Yao customary law of Gongcheng which is reasonable, beneficial ingredients; in the administrative law enforcement and judicial practice, the appropriate reference to the Yao customary law of Gongcheng; establishes dispute resolution mechanism on the Yao nationality region of Gongcheng; increase the state law popularization and propaganda, to realize the combination between them. The appendix, it lists some collected stuff of the customary law in the Gongcheng Yao Autonomous county.