The Game Between State Law And Minority Customs

Based on the mutual relations in judicial practice between Chinese national laws and minority customs in China, this essay adopts the legal sociology as a perspective. The vision of law is spread from the full view to the local and looking further into specific ethnic minority areas. Take a Dislodge Event occurred in Hani-Zhong village in A County of Yunnan Province as a sample, the background of the event, legal process of this case and the details like the fine penalty, property confiscation, villager expelling, empty house demolition and other nationalities'customs are represented. On the basis of the idea course of choice making between Law and customs by the participants in this event, the advantage of customs in minority rural area and the reason of frustration in law practice are analyzed, the game process is adequately revealed in this one case. The purpose of this study is to observe the effect of the law taken in social activities and to search the truth of why the authority of national law is weakened in the single case and why the minority customs are developing in the minority rural areas, through the real and vivid Dislodge Event case, and adhere to the research approach via reality to standardability, try to analyze and explain the operating pattern of national laws and minority customs. Through dissection, The author discovered that the relationship between national laws and minority customs are conflicting in the Dislodge Event. The attention to the significance of minority customs in social control should be taken, and also, the authority of the national laws should be preserved in minority areas. Meanwhile, paying attention to the significance of the role of nationalities'habitudes does not mean totally and uncritically accepting the minority customs. The way of respecting, classifying and transforming the minority customs is the key point to safeguard the authority of the national laws, to build the image of national laws in the minority area, and to preserve and show the authority of the national laws in specific judicial practice. Finally, via the perspective of a judicial practitioner, a few thoughts in this essay are putting forward to preserve the authority of national laws, to construct the rule of law order in ethnic minority rural areas. Also, some valuable empirical references are provided to scholars for the future study on national laws and nationalities'habitudes.This essay consists of five aspects. Firstly, this esssay points out the research status of the subject, the research methods and processes used in this essay.Secondly, this essay introduce the Dislodge Event occurred in Hani-Zhong village in A County of Yunnan Province and the background of the event, legal process of this case and value for this essay. Thirdly, this essay analysis the details like the fine penalty, property confiscation, villager expelling, empty house demolition and other minority customs.Fourthly, this essay mainly studied the game process between national laws and minority customs.Lastly, this essay draws a conclusion:the attention to the significance of nationalities'habitudes in social control should be taken, and also, the authority of the national laws should be preserved in minority areas.