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在我国学术的发展上,有关于少数民族的民俗习惯与法律冲突的议题,种类繁多且非常重要。近年来,该议题日趋盛行而形成研究热点,给予我国55个少数民族以实证上的参考借鉴,产生了不可磨灭的影响。民族习惯渐渐有拘束力的过程中,则它与法律、法规之间不免会产生适用上的冲突。人类的法律发展史表明,不论它是民间风俗习惯还是官方制定法,都是人类实践经验的产物。故本文即以此作为方向,选取我国台湾地区的“风倒榉木案”作为视角,深入分析少数民族习惯与法律冲突议题。
In the academic development of our country, there are a great variety and very important issues concerning the conflict between folk customs and laws of ethnic minorities. In recent years, the issue has become more and more popular and has become a research hotspot. It has given indelible influence to 55 ethnic minorities in our country for reference by empirical evidence. In the process of gradually becoming bound by national customs, there is inevitable conflict between it and laws and regulations. The history of human law shows that whether it is a folk custom or an official law, it is a product of human experience. Therefore, taking this as the direction, this paper chooses the “wind-beech wood case” in Taiwan of our country as a perspective to deeply analyze the issues concerning the customs and conflicts of ethnic minorities.