A Study On The Judicial Application Of Customary Law Of Ethnic Minorities In China

At present,our country is vigorously advancing the construction of legal country,and the rule of law has become an unshakable strategy to govern our country.However,because our country is a large number of ethnic groups and the strong local characteristics of the country,and the enactment law itself is not perfect,as the enactment law of the oneness rules,it is difficult to adjust a specific legal relations in ethnic society in many cases.Therefore,our country should pay attention to our national conditions,absorb nutrition from our history and reality,and pay attention to the customary law norms of folk.At present,the spontaneous customary law has not withdrawn from the civil society,especially in the minority areas,the customary law is still active in the minds of the people,and plays a role in resolving disputes and maintaining the stability of the local ethnic society.As a kind of local resources,the minority customary law can play a certain judicial value and stabilize the society if it can be recognized by the judge in the judicial trial.However,in today’s judicial practice,judges take a more cautious attitude towards the judicial application of minority customary law,and there are many problems in the judicial application.In view of this phenomenon,this paper takes the current situation investigation,problem discovery,problem analysis and problem solving as the research idea,takes the customary law of ethnic minorities as the research object,and makes an empirical study on whether and how to apply the customary law of ethnic minorities in the trial process by means of a large number of real casesThe first chapter is an overview of the judicial application of minority customary law.This chapter is mainly the basis of studying the judicial application of minority customary law.This paper discusses the connotation of the judicial application of minority customary law,the relationship between the judicial application of minority customary law and discretionary power,the practical basis of the judicial application of minority customary law,and the significance of the judicial application of minority customary law.The second chapter is the empirical study of the judicial application of minority customary law.This chapter makes a detailed empirical study of the judicial application of the customary laws of ethnic minorities,elaborates the process of judicial application of the customary laws of ethnic minorities in depth cases,and makes charts to visually show the status quo of judicial application of the customary laws of ethnic minorities.Chapter three is an analysis of the judicial application of minority customary law.Through the empirical investigation in the previous article,the author has a comprehensive grasp of the status quo of whether the customary law of ethnic minorities will be applied by judges and how to apply it.The focus of this chapter is to explore some problems existing in the judicial application of the customary law of ethnic minorities on the basis of the previous article,and analyze the problems,so as to provide the thinking direction for the improvement of targeted suggestions in the following article.Chapter four is the approach to the judicial application of minority customary law.The last chapter is to improve the problems mentioned above and put forward suggestions: one is to improve the judicial application of the program design.This paper makes a detailed analysis of the access,proof,identification and investigation of the minority customary law,and provides some procedural guidance for judicial practice.Second,provide effective basis for judicial application.By providing clear content of customary law and clarifying legal origin status of customary law,the possibility of judicial application of judges is enhanced.Third,provide guidance on judicial application methods.It includes issuing guiding cases,clarifying the principles of judicial application and clarifying the ways of judicial application.Fourth,from the relevant protection mechanism,detailed elaboration,in order to improve the judges’ ability to apply,enhance the judges’ willingness to apply.As an effective means to solve disputes,the customary law of ethnic minorities should play its judicial value in judicial adjudication,such as filling legal loopholes,explaining legal meanings and assisting ascertaining facts,so as to better solve disputes,improve judicial credibility,and thus maintain ethnic unity and build a harmonious order.