The Study Of The Mongolian Customary Law Application In Judicial Practice

Minority geographical environment generally more closed,the level of economic and cultural development is relatively backward,living habits and the Han nationality area is large,the majority of ethnic minority residents have their own religious beliefs,the customary law by the formation of perennial habit formation to regulate behavior,solve the disputes have become the norm,this in the application of customary law of ethnic minority areas and the legal consciousness is weak,the national law only relative norms,or simply can not intervene.Therefore,in such circumstances,research on the customary law of ethnic minority,the minority is of great significance to promote the settlement of the construction of the rule of law.The Mongolian customary law with respect to other ethnic minorities,which is more systematic and complete.The customary law means more through mediation to resolve disputes,through the judicial practice Mongolian customary law,also got rich and full.For the Mongolian nation,study on the customary law,a legal culture conducive to the special regional pastoral areas formed by the understanding,have a better understanding of the Mongolian nationality,is conducive to the harmonious development of ethnic relations,and in promoting the construction of the law modernization at the same time,promote the economy of a pasturing area cultural development.This paper takes the Mongolian customary law as the research object,mainly discusses the judicial application of Mongolian customary law in grassroots national autonomous areas,in the geographical scope of the lock for the life and work of Subei Mongolian Autonomous County of Gansu Province,through empirical analysis,the combination of theory and practice,this thesis is divided into three parts.The first part elaborates the related theoretical concepts of Mongolian customary law,and discusses on the theoretical significance and theoretical support of Mongolian customary law judicial application;in the second part,introduces the overall situation of the Mongolian customary law judicial application,in Subei Mongolian Autonomous County as the research object,the Mongolian habit analysis of present situation of judicial practice in Subei County,the problems in Subei County in the judicialpractice of Mongolian customary law are summarized;the third part,the system of judicial application of Mongolian customary law system construction proposed specific suggestions.Including the national law to absorb the Mongolian customary law specification for Mongolian customary law,and enhance the application of Mongolian customary law and the concept of increasing consolidation in Mongolian customary law summed up the input side.