On The Function Of Civil Customary Law Of Minority Nationalities In China

This article mainly research the function of national minority civil common law using the field investigation method and the legal pluralism theory. The national minority civil common law is not only the national minority law culture important part, but also it is one of the most important factors what to establish national minority area social order. In an investigation selection, Dali Bai national is the mainly example. As one of the important society controls method, the national minority civil common law is playing a role that not allow to ignore in the adjustment multi-national area social relations and the maintenance social order aspect.This article is based on the theory of legal pluralism, from the analysis of the performance of the form and content of Dali Bai district civil law to elicitation the function of national minority civil common law. The function mainly divides into society function and The standard function; In terms of the role of folk law inner Angles, it divided into social function and specification. In which society function mainly includes this aspects: The protection and the inheritance civil traditional culture, the organization civic action maintenance good interpersonal relationship, the constitution free cooperation contractual relationship, strengthens the villagers to revere elders holds always realizes. The standard function mainly includes:Provides the behavior pattern and the life criterion for civil activities, the weight civil behavior good and evil and the penalty for the civic action violates the civil common law behavior these three aspects. The state law relations field of vision under function mainly divides into the legislation and the judicial two aspects. This article according to on-the-spot investigation the result, Putting forward in the process of rule of law give play to the role of minority civil customary law positive countermeasures, in order to our contribution to the construction of rule of law in national regions certain theoretical wisdom.