Sang Jiang Dong Minority Custom Law Changes And Function Study

Customary Law (Or Folk Law、folk society regulation) has been the hot issue of study and discussion for decades in the research field, especially ethic minority Customary Laws existing all over china, with their unique charms and regionalization’s regular function, attract widely attention from the research field in recent years. In Guangxi Zhuang Autonomous Region, there are many ethic minorities. Minority of Dong with the most population of them, attaches great importance of its Customary Law since it is about their daily lives for hundreds of thousands of people. Therefore, I made the decision to study Sanjiang Dong Minority’s Customary Law. Hopefully we can find the advantages and disadvantages of it through the study, and search for the realistic function of it, meanwhile discover its future developing direction. I will give my own suggestion to its insufficience and help it to improve itself. Then it can play a better role as being a law.(This Paper is consisting of four parts except for the introduction)The first part is to introduce Customary Law and Dong Minority Customary Law. The objective is to make clear the difference of Customary Law and Minority Customary Law, and the difference of Customary Law and folk law or national law.Dong Minority Customary Law as a kind of ethic minority Customary Law, has the common characteristics of it。 For example, the legislation’s spontaneity、 regionalization’s universality、 and ethic customs are the main roots of the Law. However, Dong Minority Customary Law also has its own uniqueness which is different from other ethic minorities’. 《The Dong Clauses》 is the most characterful one.The second part mainly introduces the changing process of Sanjiang Dong minority Customary Law and its form of present existing. Through studying the differences between its present contents and the past contents, then we can find out the concrete influence for the social changes after PRC founded. So we can figure out some revelation of the law developing pattern and direction under this influence in the latter part of the paper.The third part mainly analyses the running ways and process of Sanjiang Dong Customary Law by introducing its present situation of dissention solving system. What’s more, as important part of local legal construction, how to deal with the relationship with national laws? Especially when there is paradox between national laws and Customary Law, what can we do to face the situation?The fourth part is offering some thinking and advice from the author about the future of Sanjiang Dong Minority Customary Law. This will include giving advice to fulfill its insufficient parts with understanding its present situation and making sure its coexistence together with national laws, also confirming the division and cooperation relationship of them. Meanwhile, I also make some suggestion for customary law’s popularization and fitness in the future juridical practice.