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在少数民族聚居区,民俗习惯是调整社会关系、维护社会秩序以及促进和谐社会的重要规范资源。但从社会现实情况看,少数民族习惯规则与国家法之间也会出现一些矛盾甚至冲突。如何在具体化场景中协调二者的关系?这是对法律理论与实践提出的课题。对此,基层司法实践经验为我们提供了很好的素材。本文将结合田野调查中发现的典型案例,就如何实现少数民族习惯规则与国家法的协调互动关系问题进行探讨,期望有益于促进少数民族地区法治与和谐社会建设。
In minority areas, folk customs are important normative resources for adjusting social relations, maintaining social order and promoting harmonious society. However, judging from the reality of the society, some contradictions and even conflicts between the customary rules of ethnic minorities and state laws will emerge. How to coordinate the relationship between the two in the concrete scenario? This is a topic raised by the theory and practice of law. In this regard, grassroots judicial experience has provided us with a very good material. Based on the typical cases found in the field investigation, this article will discuss how to realize the coordination and interaction between the customary rules of ethnic minorities and the state law, which is expected to be beneficial to the promotion of the rule of law and the building of a harmonious society in ethnic minority areas.