| This article analyzes the “adaptability” of the customary law of the Nu.The so-called customary law is a kind of social norm which is independent of the state law and has the force to ensure the norms’ implementation;while the adaptability refers to the persistence of the customary law in the specific habitat.Therefore,this article mainly studies why the Nu’s customary law as a kind of norm can survive for such a long time,how it adapted to the changes of its living environment after experiencing the leaping development of the society,and how it coordinated with foreign norms and effectively played the role of order.There is also a question of the effectiveness and operation mechanism of the Nu’s customary law.In addition,basing on the discussion of the legitimacy foundation and evolution logic of the Nu’s customary law,this article will make a further inquiry about the balance point that can graft or generate the general norms in the Nu’s customary law and the question that how can the constructive norms adapt to the Nu’s customary law in the legal construction of Nu’s area and promote the social development in coordination with the Nu’s customary law.After analysis,this article believes that the early Nu’s customary law can adapt to the less complex society with the ethnic principle as the stability condition.After that,with the continuous changes of the society,the binding force of the Nu’s customary law was gradually reflected in the mediation and self-discipline of implicit presence,which did not have the fully executive force required by the public rules.Therefore,the top-down order construction has become inevitable,which is also a bidirectional process of acculturation.In view of this,in order to implement the state law in the Nu’s area,we need to find a proper method of order construction in combination with the characteristics of its customary law.In this process,we need pay attention to the principle of achieving dynamic balance through negotiation and achieving spontaneous compliance through internal recognition.Specifically,this article consists of five parts: the introduction,the historical form and internallogic of Nu’s customary law,the social transformation and internal and external difficulties faced by the Nu’s customary law,the adjustment and development of the Nu’s customary law and the conclusion.The part of “Introduction” mainly expresses the purport of this article.Nu belongs to “the directly-entering-socialism ethnic groups”.At the beginning of the founding of new China,it was still at the end of the primitive society which did not have a obvious class differentiation.In view of its historical characteristics and development situation,the state adopted a series of policies,which in a short period of time promoted it to cross several stages of social development and directly entered the socialist form.Therefore,many ethnic characteristics were remained.This also means that in order to implement the state law in Nu’s area,we need to carefully examine the order principle of its customary law,which is also the purpose of this study.The part of “original form: the historical form and internal logic of Nu’s customary law”examines the early Nu’s customary law and its stability conditions.The early Nu’s customary law reflected the demand for the common interests-maintaining group order and strengthening collective power-that the Nu raised in the sinister living environment.The ethnic group principle based on kinship and group relationship is the refinement and summary of the Nu’s early lifestyle.Its legitimacy has been confirmed by practice,and continuously transmiss the source that can safeguard the norm’s existence to the Nu’s customary law,which constitutes the internal basis and external guarantee for maintaining the stable continuation of the Nu’s customary law,and becomes the basic principle for promoting other necessary requirements.The part of “challenge: the social transformation and internal and external difficulties faced by the Nu’s customary law” examines the changing Nu’s society and the gradually weakened customary’s ethnic principle.The late Qing Dynasty and the early Republic of China are the watershed in the development of Nu’s society,because the impact of external factors reached its peak at this stage.On the one hand,it shows the interaction between the foreign religions and theNu’s customary law;on the other hand,it shows the impact of the new power pattern and the new economic situation in the Nu’s society.In the face of the fierce impact of external factors,the reduction of the dependence of Nu individuals on ethnic groups and the heterogeneity between ethnic principle and new social relations not only weaken the effectiveness of the stability conditions of Nu’s customary law,but also affect the social control function of customary law.The part of “respond: the adjustment and development of the Nu’s customary law” explains the reorganization and continuation of ethnic principle and the generation path of new stability conditions.The introduction of foreign religions did not touch the foundation of the Nu’s traditional customary law,but provided an opportunity for its survival.After reinterpretation,the traditional customary law was overlapped and integrated into the new normative system,and broke through the restrictions of ethnic groups,and established a community of belief in a broader range.However,the binding force of the new composite norms is mainly embodied in mediation and self-discipline,which does not have the adequately executive force required by public rules.In such a context,the continuation of Nu’s customary law can not be separated from such two conditions: on the one hand,it should maintain the inheritance and continuity of its own discourse system;on the other hand,it should find the balance point of the normative supplement and power growth in the state law.The part of“conclusion”mainly conceives the path which is helpful to realize the healthy cooperation between the state law and the customary law.In the process of the legal construction in a country（or a ethnic area）,it is inadvisable to ban the customary law compulsorily or to despise it with arrogance.On the contrary,we should not only respect the evolution law of customary law,but also reserve appropriate space for the adjustment of customary law.At the same time,we also should fully grasp the internal adjustment opportunity of customary law and timely provide a carrier that can guide it to create the positive function.what’s more,we’d better open up a channel that is convenient for customary law to provide normative support for state law,and build a platform for benign interaction between discourse systems to achieve the harmonious coexistence of the customary law and the state law. |
