Gannan Hakka Civil Customary Law Research

Gannan hakka people kept its unique hakka civil law,the common law to hakka residents hub has dual nature,on the one hand it to a certain extent,played the remedy law of jiangxi area,fill the role of legal loophole,maintain the stability of the society at that time,to a certain extent,hakka civil habits of active ingredients such as pay attention to righteousness,teamwork and a series of fine tradition,to the construction of the rule of law of hakka areas,economic development has played a positive role.Of hakka civil habits,on the other hand,the passive components such as feudal superstition,habits and construction aspects of hakka region formed resistance,hinder its development.This article through to the main content of the civil habits of hakka and its conflict with the current national law to make analysis of the existing national civil law enacted law and hakka the relationship between the two,both for comprehensive,integrated consideration,exploring the way of hakka the judicial application of civil law,and to seek a kind of ideal state,the jiangxi region of hakka civil common law as the basis,standard for judicial mediation to provide the most direct,achieve effective combination of legal and reasonable,legal pluralism and applicability.Give full play to the role of civil customary law in the hakka region of hakka,make up the lack of national law.