State Law And Miao Customary Law Relationship Analysis

The Miao nationality common law is a kind of standard system which has the actual adjustment and the control action in the Miao nationality society. whichout being formulated or approved it actually has the public compelling force to safeguard the process implementation, coexisting with national law . In China which is a national minority multitudinous country, various nationalities as a result of long-term reason and so on historical tradition and geography factor, have formed each characteristic national culture and the common law culture then are national culture importantly manifest. But, under the advancement of "legally rules a nation", how to realizes the national legal system unification, how to achieve "has the law to depend on, has the law to have to depend on",in the national scope especially in minority areas for "the government by law society" has profound significance. The paper mainly embarked from the law sociology angle to analyze the social life and the actual display function common law in the Miao nationality .and it has faced up to the common law existence value, the function, through the Miao nationality common law with conflict of national law .the fusion manifestation and it also formed the reason the research, from actual situation to theory knowledge, from spot to surface, for solution Miao nationality common law with the conflict of national law . the promotion two fusion proposed had the practical significance the suggestion. The present paper believed, in the process of constructing law society in China,and if there is good coordination of the the solution national law with other society control system and the national-law development,Chinese "the government by law path" will be able to have the characteristic, to gather actual, richer result.