On The Function Of The Mongolian Customary Law

As a tool of social control,law controls the social order and it infiltrates into people’s life.With the penetration of the law,people are gradually changed to depend on it and to use it actively from the passive acceptance of law.Because of its special cultural and historical reasons,the Mongolian people have been with the feelings of "disgust to litigation",so they do not take the legal procedures to solve the problems when they have dispute,even they evade the law and solve their problems under the table With the deepening of national law system,the Mongolian people’s awareness of law has increased,and even ithas become keen to solve problems by the legal way,but their understanding of "trutn" is different from the national law,even the gap is quite big.This makes them difficult to understand the law.Wutai Mongolian camps in Shangyi,Hebei province,are surrounded by farming culture and Chinese language environment,the Mongolian people there still reserve their own language and culture.Although the Mongolian people there don’t have the right of enjoying any national autonomous rights,they have formed their own customary law of the Mongolian in the process of solving disputes.At Wutai camps,their customary law plays a more important role than the national law,and plays an important role in their cultural heritage.Therefore,the author thinks that the examples of Wutai Mongolians brings out a reference value to the legal system construction of the ethnic areas,especially to the autonomous regulationsin our country.Through the analysis and evaluation of the influence of Wutai Mongolian’s customary law,the author conduct a research on taking the excellent contents of the minority customary law into the national law.