The Interaction Between The Miao Customary Law And National Law

Throughout the international environment,in the background of globalization,the use of internet technology make the distance on the earth is gradually narrowing.the products produced are transported to around the world.under the economic globalization of the world,the boundary between the nation and the country seems to be no longer important.western civilization along with economic export abroad.Whether the world is being replaced by a single world culture? We can not help asking ourselves,whether the local culture can continue?Can the westernization of judicial symbol contains our local civilization?In the face of the impact of globalization,we accept the principle and symbol of “rule of law”.with the central committee in the fourth plenary session of the 18 th central committee to promote the resolution of the socialist about rule of law.the phrase “rule of law” has been widely mentioned.How to deal with the conflict between the transplantation of the national law and the minority nationality customary law(local culture)is an important issue to the rule of law.in this paper,author gives up the grand narrative structure.the interaction between the state law and the customary law is a long-term evolutionary process,which maintains the check and balance in the continuous interaction.based on the customary law of miao nationality cases in leishan county of guizhou province as an example,analyzes the interaction process of the state law and the customary law from a micro perspective,attempts to explore the benign interaction between the national law and customary law.in the context of globalization,the response to the input of western civilization and the state law that although the knowledge of the miao nationality customary law is still a force that cannot be ignored in our national law,he adjustment range gradually compressed.The first part,a brief overview of the leishan county,miao customary law,the definition of the use of the concept of customary law.The second part of the interaction between the customary law and the state law.It is a kind of classification depend on intensity.the first,the type of non-interference,mutual tolerance between customary law and national law,without mutual interference and the security of its position;second,competing with each other,between the customary law and state law in resolving disputes and other aspects of competition,the formation of mutual confrontation;third,mutual exclusion type,mutual exclusion between customary law and national law.due to differences on the idea;the last is the type to assimilation,mutual assimilation between the national law and customary law,towards convergence.this part combined with the case of the miao nationality customary law to expound the interaction between the customary law of the miao nationality and the state law.The third part is the analysis of miao nationality customary law and state law based on the social structure,function and the social mechanism.first,social structure from the horizontal and vertical analysis of the two dimensions.the vertical dimension is describe the relationship between state and society,between the state and society still exists in the gentry.there function is dispute resolution in the minority area.that provides a social space to make the application of customary law;the horizontal dimension that is two element structure between urban and rural.the application of customary embed into minority local areas.secondly,the relationship between the efficiency and justice.it is difficult to balance between efficiency and justice,enhance the efficiency and the fair relativity will decrease;improve the efficiency and justice will reduce.State law can achieve the optimization of efficiency and justice when deal with some dispute,and some disputes can be well disposed by the customary law.customary law and national law provides alternative ways for efficiency and fairness.again,from the operation of social mechanism,the state law widely used,so squeeze the space of customary law.The fourth part narrate the interaction between the law of the miao nationality and the national law.Legislative concept guidance to reshape the habit of customary;legislation on change the state law;the division of labor and cooperation between the state law and the customary law.