The Research Of Implementation Status Of Ethnic Customary Law In The Construction Of Country Ruled By Law

Ethnic minorities customary law is the special social norms that is different from other ethnic minorities’ including morality,customs and so on in the social life, customs and religious beliefs. We can evaluate the ethnic minorities common law, to its members the fine ethnic minorities customary law can be given positive guidance and constraint, to its members and the whole society it has the positive significance.At China’s west and the whole China, Hui is one of the big national.Religion is crucial to the Hui ethnic. At the destruction and infection of the national and religion spirits and the Confucian culture, the unique Hui unwritten law formed, these specifications in thousands of years of history development gradually evolved into several principles of morality, custom, the principles of morality, customs ruled people’s daily behavior and the whole Hui ethnic morality, customs, norms and taboos are formed.China is going to construct the society ruled by law and under the background of the unification of legal system how to treat the Hui ethnic minority customary law is crucial to the law society construction.By the field survey the author found that the Hui ethnic minority common law has a lot of positive, healthy, conducive parts to the development of our nationality, not only for the Hui ethnic minority itself but also to the whole society, so the content of this part common law should be advocated and carried forward. But to the parts that is different with national written laws,we can’t use administrative command to force it out of way. In dealing with the relations between countries enacted law and Hui ethnic minority law, we should realize that this is a long and complicated history and reality problem. At the foothold of unification of legal system, we should be cautious about Hui ethnic minority traditional common law, which is not only promoting the construction of the rule of law, but also more advantageous,benign and healthy development to the whole society that also includes the Hui ethnic minority society.Using the methods of field research and anthropological investigation interview,the writer summarizes the Hui ethnic minorities’ main moral, customs, norms and sorts out the Hui ethnic minorities’ evaluation to these rules on the basis of the specific problems faced by the Hui ethnic minority teenagers in real life in the first parts of article.Mainly using the method of questionnaire survey on customary law enforcement in the Hui ethnic minority teenagers the writer explore the topic from the perspective of own living surround,attitudes towards religious, personal character and infection in second parts of article the living surround and social investigation.the purpose is to present the Hui ethnic minority teenagers in daily learning life in violation of the present situation and development trend of national morality, customs, norms. In the third parts writer explore the Hui ethnic minority teenagers’ specific moral, customs trouble in real life. Mainly using the interview method, probe into the school, community and Hui ethnic minority teenagers in-depth exchanges, to conclude the interview material, find the reason and deeply problems.The author explore the causes of the dilemma in the fourth part,from the elements of society family schools and legal reasons. The fifth part the author points out that the Hui ethnic minority customary law consistent and complementary to the current national written laws and put forward the attitude towards the ethnic minorities customary law and principles.