The Changes Of The Mongolian Customary Law Under The Tourism Industry

Mongolian customary law began in late eighth Century or early ninth Century,stopped in the second half of twelfth Century,experienced about four hundred years.It includes the political,economic,military,production,life and other aspects of Mongolia society.Analysis of the three stages of the development of Mongolian customary law from the perspective of Jurisprudence: Mongolian produced in the time when Mongolian ancestors entered the class society from the Xiongnu Era,there was no written records,Mongolian recognition and follow the habit of behavior is called “yuesun”.From fifth to twelfth Century,The customary behavior norm of Mongolia society has become the customary law of representing class rule and class will.Since Gen Gi Khan founded the Mongolia empire in 1206,Customary law with the development of society,It gradually penetrated into the Mongolian statute.We can draw conclusions from the three stages of germination,development and formation of Mongolian customary law:“Mongolian customary law has experienced the gradual process from non culture to culture,again from culture to non culture.”Mongolian has a profound cultural heritage,It is based on language,religion,customs and nomadic culture,With the rise of ethnic tourism in China in 1990 s,The motive of tourism arises from the cultural differences among different nationalities,Therefore,culture and tourism is a kind of interaction and inseparable relationship.Under the background of tourism industry,We study the relationship between customary law and cultural change,national culture in the long process of development,the similarities and differences of different cultures lead to the change of national culture,and the national culture is the basis of minority customary law theory,Mongolian customary law has stipulated marriage custom,ecological construction and religious consciousness.Therefore,Mongolian specific culture is the basis of Mongolian customary law.Customary law and cultural change is a kind of mutual symbiotic relationship.Customary law and cultural change is a kind of mutual symbiotic relationship,form a new habit.We take Mongolian marriage custom law,ecological customary law and Mongolian customary law as example,it can be seen that in the Mongolian marriage custom law,Mongolian has the unique marriage culture and the marriage custom law,This unique 2 Erdos wedding is the most unique,it combines customs,costumes,dance,music in one,while condensing the essence of the national etiquette custom of Mongolia,it also makes the tourists have special interest in the special cultural custom of the tourist destination.In Mongolian ecological customary law,tourism resources have been developed in recent years,the ecological structure and resource structure of Mongolian tourist destinations are deteriorating.In the development of tourism,we need to strengthen the protection of tourism resources and ecological construction.Previously,the protection of tourism resources in the Inner Mongolia Autonomous Region mainly concentrated in the national level,for Inner Mongolia,a province of ethnic minorities,the effectiveness of some one-way law is low,it is fundamentally difficult to play a role in protecting Inner Mongolia tourism resources.Therefore,we must face up to the existence of Mongolian ecological customary law and make rational use of it,thus forming a "State law as the main,supplemented by customary law" policy.To protect the Inner Mongolia tourism resources and environmental resources protection play the greatest role.In the dispute settlement mechanism,with the development of tourism industry,people's awareness of commodity economy is also enhanced,pay more attention to the protection of private property and private interests.Due to the vast Mongolian living area,the limited scope of Coercive force of state law,and if some so-called “folk fine things ”rise to the level of law,will cause waste of resources.If both parties choose Mongolian customary law,the Mongols resolve the concept with their unique disputes,in the event that the case is clear,and without proof of the rules of thumb to play a role,then the application of customary law is more beneficial to both parties than the application of state law.With the increasing awareness of tourism,tourism has become an important economic source in minority areas.But tourism is a double-edged sword for ethnic minorities,it has both positive and negative effects on the change of national culture.Positive cultural changes promote the local economic development,negative cultural changes on the local traditional culture caused a strong impact.So we need to properly handle the relationship between tourism and culture,culture and customary law,to study the function and practical significance of Mongolian customary law in the sustainable development of tourism resources,correctly handle the relationship between Mongolian customary law and national law.This paper consists of three parts: introduction,text and conclusion.The text is divided into five parts:The first part is an overview of Mongolian customary law,analysis of Mongolian customary law of Siwon,main content,function and characteristics of these aspects.The second part studies the relationship between cultural change and customary law,from the religious culture,language culture,marriage culture,nomadic culture and other specific culture,study the mutual symbiotic relationship between customary law and cultural change.The third part of the study,in the tourism industry under this particular environment,tourism development on Mongolian traditional culture changes like a double-edged sword,both positive and negative role.The fourth part examines the role of marriage customary law,ecological customary law,Mongolian customary law in dispute settlement mechanism,and studies the influence of Mongolian traditional culture change on Mongolian customary law.The fifth part,through the Mongolian customary law in the sustainable development of tourism resources in the realization of the form and role to study the practical significance of Mongolian customary law.Generally speaking,it is of great significance to study Mongolian customary law to correctly understand the social system and nature of Mongolia,correctly understand the legal culture of Mongolia,and promote the economic and cultural development of ethnic minority areas.