Journal of Jishou University(Social Sciences) ›› 2003, Vol. 24 ›› Issue (1): 121-124.

• Law • Previous Articles     Next Articles

The Customary Law of the Minority Ethnic and the Legal System Construction of the West Rural Area

  

  1. ( Normal College of Jishou University , Jishou Hunan 416000)
  • Online:2003-03-01 Published:2012-08-21

Abstract: The essence and the cause of conflict between the ethnic cus tomary law and nat ional law lies in the confl ict between universal justice and speci fic justice , the confl ict between: transplanting law and charac teristics of local ethnic, and the conflict between the culture of modern law and the cul ture of traditional law. The way to make ethniccus tomary law congruent with national law and promote legal cons truc t ion in the west minori ty etynic dis trict is to inves -tigating the real li fe of rural area,make use of the inflexibi li ty right of the law in the wes t ethnic autonomous dis trict ,es tablish the principle of using ethnic customary law in a rational way and set experimental model ub working out the rule and regulat ion in the west rural area .

Key words: west rural area, minority ethnic, customary law, legal construction

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