A Study On The Influence Of The Qing Dynasty 's State Law On The Customary Law Of The Minority Nationalities In Southeast Guizhou

Customary law is an important part of Chinese law. Minority customary law is the most abundant customary law of Chinese customary law system with the greatest impact on ethnic minority areas until now. During modernization construction of rule of law in our country, the influence of customary law can not be ignored, thus the issue has become a research hotspot, and there are relevant research results in various fields such as jurisprudence, legal history, sociology, anthropology, ethnology and so on. This paper selectively analyzes the impact on minority customary law in southeast of Guizhou Province by national law of Qing dynasty. History time is limited in Qing dynasty and the space is limited within minority area in southeast of Guizhou By analyzing the introduction and application of the national law of Qing dynasty in minority area in southeast of Guizhou and the independent choice of national law by the people of minority areas in southeast of Guizhou, how the national law have impacted on the minority customary law in southeast of Guizhou is summarized.Then, by comparing before and after the introduction of national law of Qing, and the changes of Dong people’s customary law, the changes of minority customary law under the influence of the national law in Qing dynasty is summarized. This article consists of three parts which includes, implementation of national law of Qing in minority areas in southeast of Guizhou, path of how national law of Qing has influenced the minority customary law in southeast of Guizhou, and performance of ow national law of Qing has influenced the minority customary law in southeast of Guizhou. The total words are more than forty thousand.Implementation of national law of Qing in minority areas in southeast of Guizhou mainly discussed the implementation. First of all, politics, economic and cultural backgrounds are reviewed. Secondly, national law in minority areas in southeast of Guizhou in Qing dynasty is described from four aspects in static lay,which are administrative system, penal system, civil system and judicial system.Path of how national law of Qing has influenced the minority law in southeastof Guizhou mainly researches the influencing path of national law, which includes two parts: passive acceptance under the central leading and independent change of minority area in southeast of Guizhou, and this is active adaptation. These two methods constitute the main influencing path of national law in Qing dynasty.Performance of ow national law of Qing has influenced the minority law in southeast of Guizhou discusses in five aspects, which includes source of law, criminal law, civil law, dispute settlement mechanism and grass root social organization.