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Research On The "Psychological Coercion" Of Miao People's Common Law In Leigong Mountain Area

Posted on:2019-08-31Degree:MasterType:Thesis
Country:ChinaCandidate:B TanFull Text:PDF
GTID:2416330566469119Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The Leigong Mountain area is an important settlement for the Miao people in Southeast Guizhou,and it has an extremely rich culture of customary law for the Miao people.As it is located in the mountainous areas of Guizhou,economic development has lagged behind,so the preservation of the local original legal culture is relatively good.The customary law of the Miao nationality was widely recognized and obeyed by the Miao people as part of the Miao culture.It developed a set of rule-making mechanisms.Dispute resolution mechanisms are still used by Miao people in the Leigong Mountain area.The Miao ethnic group's primitive religion in the Leigong Mountain region is an important authority for ensuring the implementation of the Miao's customary law.Today,with the development of science,the Miao people still believe that violations of the customary laws of the Miao people will be punished by ghosts and gods.The mystical power of the ghosts became a powerful backing for the implementation of the customary law of the Miao people,exerting a strong pressure on the Miao people's psychology.In fact,the reason why the Hmong customary law can be used up to now is mainly because the Hmong customary law has a very good "psychological coercion" for residents of the Miao region.The author mainly starts with the phenomenon of "psychological coercion" existing in the customary law of the Miao nationality,and studies the issue of how Miao people's customary law produces "psychological coercion" from the perspective of theories of cultural anthropology and psychology,and provides corresponding reference for the implementation of the national law.This article consists of four parts:The first part is the introduction,which mainly introduces the reasons for choosing the topic,research significance,research status,and research methods.The second part analyzes the forming factors of "psychological coercion" ofMiao nationality law in Leigong Mountain by introducing the related theories of cultural anthropology and psychology.The primitive Miao ethnicity is an important authority for the Miao people's customary law in the Leigong Mountain area.The "psychological coercion" in the customary law of the Miao people in the Leigong Mountain area derives mainly from the original religious and cultural beliefs of the Miao people.The fear of ghosts and goddesses in the Miao ethnicity's religious culture has become a mystical force formed by “psychological coercion”.And through some traditional and solemn and solemn ceremonies and public vows and other psychological means,people in the Hmong region are psychologically connected with the mystical power of ghosts and gods.However,the original religion and the fear of the ghosts come from people's fear of the unknown natural phenomena.Therefore,the Miao people's customary law in the Leigong Mountain area is based on the mystical power of ghosts and exerts the fear of human instinct on the psychology of the local Miao people,thus creating a “psychological coercive” effect.In addition,the homogeneity of the Miao nationality customary law and the Miao culture is very high,and its customary law reflects the collective will of the local Miao people.Therefore,the Miao people's recognition of the Hmong habits is very high.The Miao village's social structure makes the collective consciousness of the Hmong society very strong,so that individuals living in it do not dare to defy collective authority.Thus,the rules in the customary law of the Miao people have been sanctified to some extent.In the third part,through the methods of empirical investigation and data analysis,the specific performance of "psychological coercion" existing in the customary law of the Miao nationality in the Leigong Mountain region was summarized.There are mainly three aspects: "psychological coercion" in the Miao people's concubine system,"psychological coercion" in the Miao people's taboo,and "psychological coercion" in the Miao people's judgment.The fourth part mainly discusses how to form a good "psychological coercion" in the operation of the national law,mainly from the aspects of popularization of law knowledge,innovation of law enforcement means and maintenance of legal authority.It seeks to introduce some experience in the establishment of "psychological coercion" of the Mongol customary law in the Leigong Mountain area into the operation of the national law.
Keywords/Search Tags:Leigong Mountain Area, Miao, Customary law, Psychological Coercion
PDF Full Text Request
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