The Confliction And Combination Of The Civil Custom Of Xinjiang Minitory And The Civil Law

Even in the places where the rule of law has been extremely developed, it is undeniable truth that the civil custom exists. To recognize the theoretical relationship between the civil law that takes the autonomy of private law as the core and the civil custom, to discuss civil custom that plays a functional role on civil law's formation and application, they are not only the key stone to comprehend and treat civil custom and civil law's simultaneous-existing social status accruately, but also the logistic premise that demonstrates the conflict and combination between civil custom and civil law.The thesis, which bases on the current domestic research and plans to start from the meaning of the civil custom, will directly comprehend the civil custom as a sort of behavioural rule in the first chapter. In the second chapter, the thesis will utilize positive means and use the data of historical facts for refrence. Meanwhile, it will take the minorities of Xinjiang as the research object, combine the influence that the religion has on the social living style of minorities in Xinjiang, try to coordinate the existent custom that are popular in the civil domains, and exhibit the customary behavior modes among minorities'civil activities. Moreover, in the last two chappters, the thesis will put forward comparative analytical method to discuss respectively the conflict and syncretic scene that these civil customs and current domestic civil law have. It will also seek the effective route that the custom combines with the civil law, based on the premise reasoning of the relations among the custom, the private law and the civil law.