A Studying On Confling On Conflicts And Moving Mutually Between The Unwritten Laws Of Minorities Of Minorities And The National Written Laws

All respects of Chinese society including legal system of the era changing sharply in this are changing with rapid change, in this course, build influence which faces the factors , such as national conditions , ideal, inherent, localization and internationalization , pluralism and area ,etc. in the ruling by law of contemporary China. In contemporary governed by law construction of China, and ethnic minority common law important content that we study as Chinese law department important common law of content. By the look of actual conditions of the traditional society of China, some laws that the country has made are often unsettled , comparatively abstract, only some constitutional laws have influence in a few societies at the basic level, the majority has not been rooted in the hearts of the people yet , has led to the fact that the phenomenon of evasion of law has appeared in a lot of places . And the ethnic minority is used to the behavior of every normal nationality member of ground all the time really of rule , direct influence happens. As to people in some specific minority areas, the influence and effect of the common law of ethnic minority are higher than the law of making of the country, more binding to them. However, in the modernization course governed by law of our country, generally exist the understanding of law and discussion overweight the law of making of the country, thought that it was the law all that the country made laws, and paid attention to the phenomenon incompletely to the traditional habit rule of ethnic minority. In fact this kind of phenomenon is abnormal, in the course of social development changes, the common law of ethnic minority presses close to the life of common people even more than the constitutional law, the impact on common people is bigger, the norm to common people’s behavior is more direct. It was laws in actual meanings when the law is only approve and observe joyfully making joyful by the masses in the society. We totally pay great attention to the common law of ethnic minority justifiedly, study in an all-round way conscientiously .This text is used to making the law and carrying on exposition in law and state to the common law , ethnic minority, and propose the theoretical foundation of this text and theory innovation on the premise of this principle of societies of political country and citizen, it is used to making the general relation of laws in law and state drawing the ethnic minority, sum up the habit law and state of ethnic minority and make the great meaning that France studies. Get used to law and state make to ethnic minority general relation of law go on prove then mention especially ethnic minority used to it law and state make conflict of law then, have proposed on this basis that the ethnic minority is used to making the harmonious interdynamic of laws in law and state, the article thinks that the ethnic minority is used to making France’s conflict in law and state unavoidably, but can improve and realize the two finally benignly , harmoniously and interdynamically , as to this, the article explains from realizing interdynamic necessity , feasibility separately. Attempt to describe that the Chinese ethnic minority is used to making the way of benign interdynamic of the law in law and state finally, in order to rule by law and contribute one’s own strength in building socialism with Chinese characteristics.