论文部分内容阅读
黎族在长期生存繁衍中形成了一整套独特的、具有本民族特色的习惯法,其作为黎民解决纠纷的一种民间规则,在构建和谐社会及少数民族地区社会治理中发挥着不可替代的作用。但随着国家法制现代化进程的不断推进,习惯法与国家法之间在法律规范方面凸显出诸多冲突和矛盾,使基层司法工作经常面临两难选择。本文从习惯法与国家法的关系入手,分析习惯法存在的原因及与国家法冲突的表现,探寻二者之间的契合路径,以期对少数民族地区实现有效管理,增进民族团结,加强法制建设提供参考。
In the long-term existence and reproduction, the Li nationality has formed a unique set of customary laws with its own national characteristics. As a folk rule of the people in dispute settlement, the Li nationality plays an irreplaceable role in building a harmonious society and social governance in ethnic minority areas. However, with the continuous promotion of the modernization of the state legal system, many conflicts and contradictions have emerged in the legal norms between customary law and state law, making the grassroots judicial work often faced with dilemmas. This article starts with the relationship between customary law and state law, analyzes the reasons for the existence of customary law and its conflicts with state law, and explores the path of coincidence between the two, with a view to achieving effective management of ethnic minority areas, enhancing national unity and strengthening the legal system for reference.