A Study On The Customary Law Of The Neighboring Relations Of The Miao Nationality In Leishan Area

Under the background of the era of building a country under the rule of law and a society ruled by law,minority areas in China have also consistently supported and promoted the socialist rule of law with Chinese characteristics.How to strengthen and improve the rule of law work in ethnic minorities is an angle that we need to start from now on.The customary law of neighboring Miao relations plays an indispensable role in dealing with daily adjacent disputes in the Miao region.The customary law of neighboring Miao relations involves various aspects such as local neighboring traffic relations,neighboring drainage relations,and adjacent damage prevention and immunity.In the case of a defect in the neighboring country law,the deficiency is made up.The tenth principle of the first chapter of the "General Principles of Civil Law of the People's Republic of China",which came into force on October 1,2017,stipulates that "the handling of civil disputes shall be in accordance with the law;if it is not provided for by law,it may be applied,but it must not be contrary to public order and good customs." For the first time,customary law has been established as one of the sources of the civil dispute resolution law.Based on the above background,this paper selects three representativeadministrative villages of the Miao people in Leishan,Langde Shangzhai,Langde Town,Jijiao Village,Datang Town,and Wudong Village,Danjiang Town.It consists of the following parts.The introduction part first introduced the content and significance of the selected topic,research status at home and abroad,and research methods.The first part of the thesis mainly introduces the basic situation of this study in Leishan area,that is,the first chapter describes the investigation process,survey overview and the importance of studying the customary law of the Miao ethnicity in Leishan area.The second part of the thesis is the development of the main line,through the second chapter,the third chapter,the fourth chapter to understand the Leishan area Miao people's customary law of neighboring relations of the form,content,implementation aspects.In the second chapter,the expression of customary law is first discussed in depth from the unwritten form of the customary law of neighboring relations and the village rules and regulations.On the one hand,unwritten forms include the taboos on old trees,sweeping houses,and live roads.On the other hand,they are village rules and regulations in recent years.The third chapter is on the content of customary law.It details the relationship between adjacent drainage,adjacent traffic,the use of adjacent land and buildings,the customary law of the adjacent damage prevention and exemption relations,and other neighboring relations such as boundaries and livestock.The contents of customary law in areas such as border crossings and tree branches.In Chapter IV on the implementation of customary law,on the one hand,from the interpretation of the local non-government organization Zhai Lao lectures,villagers committee mediation,on the other hand from the national judicial organs to apply the customary law when the case is applied to understand the situation.The third part of the thesis is the fifth chapter of several reflections on the customary law of neighboring Miao people in Leishan area.The first is to think about the influence of the customary law of Miao people's neighboring relations in Leishan area,and then to think about the supplement of the common law of neighboring relations to the national law.Finally,we have considered the implications for the application of the content of the customary law of neighboring relations in the national judicial process.