The Study On The Change Of Customary Law In The Governance Of Minority Villages Under The Perspective Of The Modernization Of Social Governance

In the extensive villages of China, there are a large number of rural governance systems with Chinese characteristics, one of which is the customary law. Customary law is a product of social and historical development. It has existed for a long time, and the history of human society has always been accompanied by its phenomena. In the development of each country, each region and each nationality around the world, the customary law has always played an indelible role. Today, the economic foundation on which the customary law is based has changed, so the role of the customary law has been weakened, but the customary law still plays an important role in the development of many countries, regions and nations.China is a multi-ethnic country with diversified and unbalanced development in economic, politics and culture and other aspects in each of its regions. Due to a variety of reasons, in our country, the development of minority areas have lagged behind the developed areas for a long time, which became the key factor that affects the development of our country. Thus the customary law has become a common form to govern the minority villages for a long time. Since last century, the customary law has been changing with the development of society. The fact we cannot deny is that the influence of the customary law has declined, but it still plays a role in the management of the village.At present, the closed state of the minorities has been broken, and they are no longer limited to "a society of acquaintances" or "an independent kingdom". The social environment that the customary law has relied on has changed. National governance has also deepened into these areas. It is no longer a simple traditional village politics, but has been raised to a country ruling method. Village committees, party organizations, village community organizations, civil organizations and other communities or groups have been set up in many minority villages as well. At this point, the governance of minority villages has become an important part of national governance.The Miao nationality with a long history, in its long daily life, has formed a specification, which has gone deep into the hearts of the local people, affecting the local people’s world views, views of life and values and becoming a code of conduct that people jointly complied with. Customary law plays an important role in maintaining the social order of the area for Miao people who live in the Ziyun area of Anshun. It is significant to pay more attention on the study of customary law and to improve the special living law to achieve a modernizing governance of minority villages in the process of the modernization of national governance and comprehensively promotion of the law-based governance to a socialist law-based country.How to correctly treat customary law? How to make the customary law play its role in the modernization of social governance? Those are inevitable requirements to good governance, and that is also an inevitable way to meet the development needs of minority people and safeguard the fundamental interests of the minority people according to the realities of minority areas. This thesis comprehensively summarized the customary law of minority areas and analyzed its functions in the governance of minority villages based on the characteristics such as scientization, democratization, legalization, systematization, diversification and institutionalization and other features in social governance system and the development of governance capacity. This thesis focuses on ways of solving problems like, how to achieve the synchronization of customary law and social governance modernizing; how to adjust customary law to suit the requirements of the modernization of social governance, and let the customary law effectively prevent and cope with various problems emerging in national regions in the modernization of social governance under the background of social governance modernization.With the development of social economy, the promotion of social transformation and the change of social factors, the customary law is changing all the way. How did it change? Why did it change? Where can it go? How will it get adapted to the requirements of the modernization of social governance? With these questions, the author investigated the change and development of H Village’s customary law and its performance in H village’s governance, hoping to find a reasonable explanation. He also intended to study the development of customary law in Southwest minority areas through the way of dissecting sparrows, so as to find more beneficial governance suggestions for the modernization of governance in China’s minority areas.