Research On The Tradition Of The Customary Law Of Paiyao In Guangdong And The Changes From The Ming And Qing Dynasties To The Republic Of China

Paiyao in Guangdong province is a Yao branch with local characteristics.It has inherited the traditional culture of Panyao,and developed into a Yao branch with agriculture as its main production mode from wandering farming to settled farming in its communication with the Han ethnic group.In the process of blending with Han culture,Paiyao presents a situation of fusion and conflict,which has its own uniqueness.Paiyao settled in the north of Guangdong province,where the Han ethnic group flourished,and its absorption of the farming culture of the Han ethnic group laid the economic foundation for the mountainous agriculture of Paiyao,and formed a stable settlement "Yaopai" on this basis,which changed the traditional yao ethnic group’s life style of migration and farming.In the long-term production and life,in order to maintain social order and adjust the social relations among paiyao members,paiyao formed the customary law of adjusting marriage,family,property and social control to maintain the operation of traditional society.With the development and expansion of paiyao in Ming and Qing Dynasties,the state strengthened the governance of paiyao customary law.Under the influence of han culture and government governance,the customary law of paiyao has changed,the state power has been implanted into the customary law of paiyao social control,and the customary law of property has further absorbed the contract culture of han.The social transformation in modern times has strongly influenced the customary law of paiyao,the customary law of social control and the customary law of marriage and family.For yao study of customary law change,can be either dialysis minority branch under the specific cultural geography formation and change the path of the common law,also can analyze the row of yao customary law and the han ethnic group culture in the fusion and conflict in the development and change,for the integration of unified multi-ethnic culture provide a model for its uniqueness.In addition to the introduction and conclusion,there are seven chapters in the text:Chapter one is the foundation of the formation and development of paiyao customary law.In the development of southern minorities in the Ming and Qing dynasties,conflict and integration were a universal development path.However,because paiyao settled in Guangdong,where the Han people lived for generations,and developed farming culture earlier under the influence of the Han people,the development of Paiyao in northern Guangdong took cultural integration as the mainstream,although there were conflicts,but did not hinder the trend of integration.Compared with other yao branches,the Paiyao branch got rid of the primitive agriculture of wandering farming earlier,developed the production and life style characterized by farming and settlement,and formed the cultural characteristics of the blend of yao and Han.Due to the influence of Han culture,paiyao society directly transformed from slavery to feudal society after the collapse of the primitive society,and its leap-forward development had limitations.The customary law of pai Yao formally formed and developed under the background of such fusion and conflict.The customary law of marriage and family and social organization,which adjusted the social relations within Paiyao,contained the ethnic belief of Panyao and the residue of primitive society,but was also influenced by farming culture,showing the characteristics of feudalism.Due to the slow development of productive forces and stable social relations after the formation of yao society,the customary law of adjusting the social relations among yao people has maintained a relatively stable form since the Ming and Qing Dynasties.On the other hand,with the deepening of the interaction between yao and Han and the intervention of the central government,the customary law of dispatching yao,influenced by government governance and civil exchanges,has made new development in social management,settlement of disputes between Yao and Han and civil trade,and forms multi-level norms in coordination with the customary law of adjusting social relations among ethnic groups.Chapter two: Traditional Paiyao marriage and family customary law.The traditional paiyao customary law of marriage and family controls the scope of marriage through regional endogamy,usually allowing only intra-platoon marriage.Due to the particularity of the acura society’s step-forward development,the acura and acura still have remnants of the antithesis marriage in the primitive society,but the dominant one is the customary law of marriage in the feudal form developed on the basis of the settled and agricultural society.The conclusion and conclusion of marriage need to obtain the consent of parents,and in accordance with the selection of the day,betrothal gifts,married to send off the procedures.Due to the limitations of regional marriage and social development,there are special forms of customary law in some areas of Paiyao,such as child marriage,marriage by abduction and marriage by marriage.The dissolution of marriage and remarriage in Paiyao are relatively loose,and the divorce is more frequent,which is related to the independent social status of Paiyao women and the influence of the original idea of pair marriage.The family customary law of Pai Yao is mainly based on the small family system,in which men and women are equal in family members and adopted children have equal status with biological children.The family customary law of paiyao is an important content of the social relations of paiyao.The paiyao family organization "house" has the nature of clan,taking the blood relationship and the successor as the link,connects the house members,and restrains the marriage and family relations of the house members.The family customary law extends to the naming of individuals and forms the customary name law which reflects the relationship between the house and the clan.Family customary law also strengthened family ties through religious ceremonies called "Wanggetang",in which ancestors and clansmen were linked and dharma names were given.The third chapter is the customary law of traditional property.The traditional customary law of platoon yao was formed when the platoon yao changed from wandering farming to farming.The nomadic farming culture of paiyao ancestors initially formed a traditional property relationship centered on the possession and use of mountain land.After paiyao settled in northern Guangdong,the communication between Yao and Han promoted the development of paiyao productivity,and the production mode changed from wandering farming to settled farming.Agriculture and forestry were more developed,and handicraft industry and Commodity Exchange were in the primary stage.Under the influence of this kind of social and economic form,the adjustment object of traditional customary law of property of dispatching yao is mainly aimed at the important means of production such as common things and forest land.In the traditional customary law of the ownership of yao,the ownership of general things is primitive,and the first possession and labor income are protected by means of straw markers.Land forest is the most important property of Paiyao,and the common law of ownership of paiyao prescribes the obligation of individual ownership,common ownership,use and management of forest land.Due to the importance of land,Paiyao developed the customary law of land transaction to guarantee the transfer of land rights.On the whole,the wealth accumulation of Paiyao society is small,and the property relationship is relatively simple.However,during the expansion of paiyao,land transactions occurred frequently with han people,and the development of customary law to ensure land transactions was more prominent.Chapter four: The customary law of social control of traditional Platoon yao.Platoon yao manages platoon affairs through yao Lao system.Yao Lao system is the customary law of social organization with primitive democratic nature,which handles specific affairs through democratic election and democratic consultation.In addition to holding festival activities and organizing production management,yao Lao’s important function is to hear cases,mediate disputes and maintain order in the platoon.Yao Lao mediates disputes and tries cases on the basis of criminal punishment and dispute settlement customary law of Pai Yao.The customary law of paiyao is more lenient than rape and more strict than theft,which is related to the low productivity of paiyao.Criminal customary law includes theft,rape,arson and murder,among which theft,rape and arson have specific responsibility and punishment,but the murder case in pai Yao should be claimed by fang clan members in the form of "killing" blood revenge.Platoon yao general dispute by yao old mediation,but yao old mediation lack of coerciveness,the two sides often develop into residual military plunder ethos of "make right and wrong",after the two sides through the power struggle into mediation.Taking human life and making trouble have certain positive significance to maintain social order,but they also bring serious losses to yao people while punishing crimes and solving disputes.Chapter five: The development of paiyao customary law in Ming and Qing Dynasties.Since the Qing Dynasty,the policy of the central government experienced a development process from suppression to civilization,which objectively standardized the order of yao area,promoted the cultural integration of Yao and Han,and restricted the communication between yao people and Han people,but also limited the development of yao exclusion,resulting in social conflicts.Under the influence of the li Yao policy,the cultural integration of Yao and Han developed further,the economic interdependence strengthened the communication between Yao and Han,the entry of Han officials into the feudal culture of the promotion of han,and the language and literature of the Han also profoundly influenced the pai Yao culture,all of which unconsciously promoted the development of pai Yao society.After the transformation of governance policies,the central government set up a yao long system,elected the prestige of the elderly on behalf of the government to deal with yao platoon affairs.The selection of yao long system was based on yao Lao system,which connected yao Lao system with local governance.In the yao district,with the deepening of the communication between yao and Han,the customary law of paiyao contract has gradually developed and improved,absorbing the form of the han contract and integrating into the paiyao culture.The adjustment scope has expanded from the paiyao to the Yaohan and connected with the trial of the government.Chapter six the reform of the customary law of the Republic of China.With the collapse of the Qing government and the opening of the Yao district,a large number of Han people into the Yao district,the further development of integration relations at the same time also led to the intensification of social contradictions.Under the background of social reform,the customary law of paiyao has developed in order to adapt to the change of social relations.Under the guidance of the new ideas of yao people in Kaihua,the government re-established the local governance system by setting up yao bureau to reelect yao training.The inner part of paiyao society also spontaneously responded to this change and formed a multi-level social governance system.In the civil society,the relationship between paiyao and Han people became increasingly close,and the norms of the relationship between Yao and Han began to appear in paiyao customary law,which provided a way for the mutual integration of Yao and Han.In order to maintain social order,the government on the platoon yao customary law in the breeding of social contradictions in the part of the regulation,constraints platoon yao knife fights and trouble,re-establish the order of the yao area.Chapter seven: The customary law evaluation of paiyao ethnic group in Guangdong province.Paiyao customary law is a kind of customary law developed with the integration of cultures.It has distinct ethnicity and region,but it is also limited by the degree of social development.Paiyao customary law maintained the traditional social relations between blood and geography,and protected the personal and property safety of paiyao,but its original part also caused damage to the social order.Since modern times,the development of paiyao customary law shows the adaptation to social change,which is of great significance to the study of the development process of minority customary law in ethnic mixed areas.Guangdong Paiyao customary law is a sample of the pluralistic unity of The Chinese nation.Its development and reform in the process of integration and conflict present the experience of local governance,which can provide reference for the construction of a unified multi-ethnic country.By examining the development of paiyao customary law in the process of fusion and conflict,this paper concludes that the tradition and reform of Paiyao customary law are influenced by the development path of fusion and conflict.The traditional paiyao customary law spontaneously formed and developed on the basis of the fusion of Yao and Han cultures,adjusted the social relations within paiyao and guaranteed the social order within Paiyao.During the Ming and Qing Dynasties and the Republic of China,the national governance and social reform caused the conflict between Yao and Han,but also promoted the cultural integration of Yao and Han.The traditional yao customary law began to change and integrated into the common local order of Yao and Han.