Empirical Studies On The Function Of Minority Customary Law

There are great differences in the traditional law and the modern national laws,no matter from the system level or value level for the social order of China’s ethnic minority areas.In order to achieve the stable order of the ethnic minority areas,there are many problems which are worth studying,under the background of the current social transformation,such as the survival and operation of the Common law,how should we treat the Conflict relations between the customary law and National law.The solution of these problems is not only beneficial to the Modernization construction of the rule of law in the Ethnic minority areas but also Provide reference for deepening and reforming the legal of the whole China’s socialist.This thesis is an empirical study on the common laws of ethnic minority regions by combining theories and practices. The researcher conducted field research in five typical ethnic minority regions in Guangxi province and probed into the common laws of these regions from the perspectives of power organiztions, property relations, marriage, and funerals. On the basis of research results, the thesis provided some new knowledge and recognition of the common law of ethic minorities, and analyzed their application, contributing factors, and developing trends. Suggestions were provided concerning how to deal with the conflicts between them and the national laws. With a thorough investigation and grasp of the applications of these common laws, it was found that the existing problems in actual operations did not come mainly from the constraints of traditional customs, but, to a greater extend, from certain social, economic, or cultural factors in reality. In order to achieve positive integrations of the common laws of ethnic minorities and the national laws, how to deal with problems concerning those factors has to be pondered upon.