| Under the current background of governing the country by law,the punishment system in the customary law of some ethnic regions still plays an important role in governing the ethnic regions under the increasingly sound national legal system.Machang Town in Gui’an New District is an important settlement for the traditional Buyi people in central Guizhou.Machang Town originally belonged to Pingba County,Anshun City,and was later administratively divided into Gui’an New District.Before the Gui’an New District was developed,the Buyi village in Machang Town was a primitive ethnic settlement in the mountainous area,and there was no convenient road into the village.It takes half a day to drive in from Guiyang City,and some villages can only be entered on foot.After the development of the new area,the roads have been repaired to the gates of the villages to facilitate investigations.This article aims to use the method of empirical research,combined with the perspectives of "cultural diversity" and "legal diversity",to study the three typical Buyi people in Machang Town,analyze the reasons for the formation of the Buyi customary law and its punishment system,and the Value in the construction of modern rule of law.Efforts should be made to explore the interaction and complementarity between the punishment system in the customary laws of ethnic minorities and national laws.It is expected to be beneficial to the construction of the national legal system in Guizhou.In addition to the conclusion,this article consists of four parts:The first part(introduction and chapter one)mainly introduces the reason for the topic selection,research status,research significance,research objects and research methods,etc.,as well as the briefing of the three Buyi villages in Machang Town and the main process of the investigation.Machang Town is located in Gui’an New District,Guiyang City,Guizhou Province.The terrain is relatively flat.There are many tributaries of Hongfeng Lake nearby,with abundant water sources and a pleasant environment.The Buyi people here are the most widely distributed in the Qianzhong area of Guizhou Province.Pugong Village,Jiahe Village and Changbian Village are the three natural villages under Machang Town.The distance between the three villages is not far.They are the three natural villages with the best preservation of Buyi culture in Machang Town.These three stockades are villages with relatively complete inheritance of the Buyi people’s folk customs and ethnic languages ??in Machang Town,and are the most representative research sites for the study of Buyi culture in Machang Town.In Pugongzhai,Jiahezhai,and Changbianzhai,the Buyi customary law,as a deep-rooted ideological,cultural,moral,and behavioral restraint,is still generally recognized and respected by the local people and is actively implemented in daily life.The second part(Chapter II): Based on the empirical investigation,the content of the punishment system in the customary law in ethnic areas is summarized with three Buyi villages in Machang Town as representatives.It analyzes its causes from multiple angles using sociological methods,and discusses in depth the reasons why the customary punishment system of the three Buyi natural villages in Machang Town is still full of vitality under the current legal background.The third part(Chapter III): On the basis of the previous two parts,analyze the value of the customary law punishment system of the three Buyi natural villages in Machang Town in the construction of modern rule of law.Explore the path of the common development of the Penalty system of the Buyi ethnic customary law and the national law to jointly develop the legal system in ethnic areas.From a diversified perspective,analyze the necessity of the existence of customary law punishment systems in ethnic areas,explore how national statutory laws can be applied in coordination with customary laws in ethnic areas,and reflect on today’s scholars to re-understand the meaning of customary law and punishment systems in ethnic areas.The national law and the Buyi customary law coordinated to put forward specific content and suggestions. |
