The Research On The Interaction Between State Law And Customary Law Of The Ethnic Minority

In China, the ethnic minorities often live in the western rural areas, showing the characteristics of distribution of “large mixed and small settlements”. From a realistic point of view, the most ethnic minority areas in Western China are the regions that are filled with economic underdevelopment, backward of education and health condition, inconvenience of traffic and communication,and occlusion of information, so their own unique folk customs and values are gradually formed in the historical accumulation, and in modern society they can be preserved continuously. In the face of national laws, the ethnic groups are more willing to accept the adjustment of regulation of their own customary laws. The massess of the Yi nationality in the ares of Liangshan is the contemporary model to use customary habits to adjust the social order and resolve disputes between the masses, and the creator and successor of the customary habits of Yi nationality, the "Decoux", is the intermediary for the application of the customary laws. During the investigation in the regions of Liangshan, "degu" depending on the familiarity to customary habits and the grasp to national laws, the “Decoux” could quickly solve disputes and repair social relations by using public opinion, powers of clan, religious belief and the coercive force of the state. In the life of "Decoux", we could more truly feel his noble and selfless sentiment, compassionate emotion and the feelings to pursuit harmony,and the behavior patterns followed by them strictly in their lives and regulated by the ancient customary laws, and they try to protect the peace of Yi's society. In this regard, we must go back to life and the land where "degu" grew up to better understand the interaction between national laws and the customary habits of Yi nationality by using life discourse.Besides the preface, this paper is divided into four parts, a total of more than 29000 characters. The main contents are as follows:The first part, the childhood of the Decoux of Al tin: everything goes well in accordance with the provisions of the customary laws. This part firstly introduces the emergence and inheritance of the Decoux and customary laws, through the narrative of the Decoux of Al tin, the object of this article and summarizes the background of customary laws and skills and qualities that are necessary to the Decoux. Here through personal experience of Al tin in his childhood, we could restore the original appearance of customary laws of Yi nationality in the areas of Liangshan during the period that were before liberation and the beginning of the founding, and explore the interaction through his eyes between customary habits and state laws at that time, to enable us to regain the memory on their childhood lives.The second part: the youth of Al tin: we hated the national laws. Boycott to the state laws in this period became the consensual beta press of the masses of Yi nationality in Liangshan, through all sorts of performance of Al tin in his nonage, we could better feel the destruction of the radical policy of our country at that time to local legal order. This part mainly introduces the psychological feelings about national laws of the people of Yi nationality from the democratic reform in 1956 to the reform and opening up in 1978: national laws were too arrogant, and policies and laws of the China's main nationality afflicted us together. At the same time, in the process of discussing these feelings, we have interpreted it from the aspect of anthropology of law, making it to be able to reflect the important role of national laws and the customary habits in the process of maintaining contemporary social order.The third part, the period of middle age and old age of Al tin : our customary laws is also changing. This part firstly analyses the cooperative relations between the customary habits of Yi nationality in Liangshan and the national laws from 1978 to 2014, and analyses the present situation of understanding of Yi nationality in Liangshan to national laws, and shows the changes of customary laws of Yi nationality in Liangshan through the personal experience of Al tin. Subsequently, the author also emphatically introduces the problems existing in the popular application of national laws, and analyzes and verifies them with life language of Al tin.The fourth part, the last part mainly reflects the legal life of “Decoux”, summarizing the psychological and practical reasons why the minorities need not only customary laws, but national laws. At the same time, it also puts forward some suggestions and prospects for the legal work of the minorities in the future.