Research On Conflict Reconciliation Between Zhuang Customary Law And State Legislation

The customary law of the zhuang nationality is formed under the specific historical conditions in the specific areas where the zhuang nationality people live in compact communities,which is recognized and abided by the local zhuang nationality people.It is an important part of the customary law system of zhuang nationality in China.In the process of the government's great efforts to promote the unification of legal system,the customary law of the zhuang nationality plays an influence in the judicial practice in the form of "hidden rules".The reconciliation between the customary law and the national law is one of the important factors that affect the political stability and social harmony of the zhuang region.Therefore,we should face up to the conflict in the process of reconciling the zhuang customary law and the national law,and choose the way and path of reconciling the two.At the same time of developing the zhuang region economy construction,to the state enacted law publicity to reach the designated position,thus improve the national law of the people of zhuang region intimacy and recognition,improve the zhuang region people to participate in the degree of national and regional legislation,promote the operation of the zhuang minority customary law and national law dual structure,finally realizes the benign and customary law and national laws of the zhuang nationality.Through the exploration and study of the problems in the process of the reconciliation of the zhuang customary law and the state law,we find that: in the process of perfecting the socialist rule of law system,the acceleration of the reconciliation of the zhuang customary law and the state law is the inevitable trend of historical development.Both the zhuang customary law and the national legislation law have their own values and should be respected.They are in harmony and in accordance with the concept of pluralistic rule of law.Therefore,it is necessary to reconcile the conflicts between the two.At the same time,the reconciliation of the conflict between the two conforms to the objective conditions,has the legal basis and the legal theory foundation,and has the possibility of reconciliation.The choice of the way of reconciliation is shown as: selective acceptance of the customary law of the zhuang nationality in national legislation,recognition of the customary law of the zhuang nationality in law implementation,and accommodation of the customary law of the zhuang nationality in judicature.Legislation on harmonic path optimization activity recognition to reshape zhuang zhuang,tempering justice with mercy,limited apply common law,common law mediation settlement fully using the common law,civil trial and give full play to the zhuang zhuang customary law,common law,the new rural construction inheritance development by raising the zhuang the compatibility and recognition of customary law and national law.The paper is divided into three parts:The first part is the introduction of zhuang customary law.This part firstly introduces the content of the customary law of the zhuang nationality,which mainly involves marriage and family,spiritual belief,personal safety and property safety.Secondly,the characteristics of zhuang customary law are summarized.At last,some functions of zhuang customary law are expounded.The second part analyzes the conflicts between the customary law of the zhuang nationality and the legislation law of our country.Firstly,it enumerates and compares the specific embodiment of the conflict between the two in the specification,and then summarizes the characteristics of the conflict between the two,and then summarizes and analyzes the causes of the conflict between the two.The third part analyzes and summarizes the reasons for the reconciliation of the zhuang customary law and the formulation law of our country,and expounds the necessity and possibility of the reconciliation,and then analyzes and summarizes the principles to be followed by the two in the reconciliation,as well as the selection and optimization of the path.