The Value Of Uygur Customary Law In Constructing The Xinjiang Rule Of Law

In preface of Ehrlich's?the Basic Principles of Legal Sociology?,he wrote,“Whether it is now or at any other time,the center of legal development is not in legislation,law,nor in judicial decisions,and in society itself.”This classic discourse represents the essence of Ehrlich's theory of “living law”,studying national law in social context and social operation,not only in the form of legal expression,but in the position of social to evaluate the actual law in society.At present,China's rule of law construction has entered a deepening stage,building a socialist system with rule of law,not only to build the rule of law system,but also to achieve the construction of society with rule of law,in order to achieve comprehensive construction of Socialistic society with rule of law.Only by combining the rule of law,the spirit of law-abiding,the construction of the rule of law and the concept of rule of law,we can form a law-abiding society that everyone would follow,and then fully construct society with rule of law and country with rule of law.This article is based on this theoretical perspective,based on the local“living law”resources,from the material form,social life,ideas and other aspects of a comprehensive analysis,trying to explore a way from the origin of rule of law.This article is divided into six chapters,the first chapter is the introduction,a comprehensive combing the existing study of customary law,and on this basis to define the concept of customary law;The second chapter focuses on content and the two aspect of study methods,to discuss theoretical basis of this paper-Ehrlich's theory of“living law”The third chapter combs the formation process of the Uygur custom law;The fourth chapter elaborates the content of the Uygur custom law,and further analyzes the social function of the Uygur custom law with the perspective of the“living law”theory;The fifth and sixth chapters discuss the value of the Uygur custom law on the construction of Xinjiang rule of law from 5 levels and 3 perspectives,and discuss the“combining theory and law”of the Uygur custom law and national law in judiciary,How the Uygur custom law to enter the national law under the background of the national autonomy legislation,and finally summarize the social norms and the value of the Uygur custom law in the field of “living law”.And it's effect and value to construction of Xinjiang rule of law,and for reference of construction of rule of law in other ethnic areas,and to make a modest contribution to the construction of the rule of law in our country.