Investigation And Research On Punishment Customary Law Of The Dong In Darui Village

Through long-term production and life,Dong compatriots have formed a unique Dong culture in their own region,among which Dong customary law is one of them.The customary law of the Dong refers to an internal code of conduct that exists outside the national law within a certain range of cultural basis,gradually formed in the long-term production and life of the Dong people,and guaranteed to be implemented by a certain degree of social force in the local area.Darui village is located in Leli Town,Rongjiang County,Guizhou Province.It is located in the hinterland of Leigong Mountain and in the Duliujiang River Basin.It is the most widely distributed area of Dong in Rongjiang county.Before liberation,it was the central village of the whole 72 Dong village.In Darui village,the Criminal Customary Law has been replaced by the national law in the past.Up to now,there are still a small number of civil customary laws that can be preserved and gradually evolved into village rules and regulations,which are recognized and implemented by the majority of villagers.This paper takes Darui village,a typical Dong village in Rongjiang County,as the research object.By comparing the old and new criminal and civil punishment cases and rules,it analyzes the coordinated application of customary law and national law in different periods,and the effect of the new mode of dealing with conflicts in ethnic areas explored by the local court,so as to trigger its own thinking on improving the governance of ethnic villages.The main body is divided into four parts:In the first part,the author expounds the punishment behaviors of the villagers in daily production and life.Through the comparison between the punishment rules of the traditional customary law and the current village rules and regulations,this paper analyzes them.This paper focuses on the analysis of theft,fire,marriage and familyproblems,neighboring relationship problems and other common punishment cases.Through the comparison of the old and new rules,it reflects the gradual standardization and legalization of the punishment rules in Darui village.The second part is about the change and inheritance of the common law system of Dong punishment.The first is the change of execution organization and responsibility of punishment customary law.The main realization is: the implementation organization of the customary law gradually replaced the old village organization,the elderly association organization and the fund organization by the village committee as the executor and supervisor of the village rules and regulations.The second is to compare the old and the new punishment rules,and analyze the significance of the two in different periods and the reasons for the changes.The third is to analyze the reasons for the changes of the rules of punishment customary law,including political penetration,economy,culture and so on.The third part analyzes the rationality of the customary law of punishment in Darui village.The first is to analyze the rationality of traditional authoritative organizations’ beliefs,the dependence of Dong’s customary law and the flexible punishment procedures of customary law.Second,from the perspective of legislation,law enforcement,justice,etc.,to evaluate the limitations of the application of the Dong punishment customary law in Darui village and the conflicts with the national law.The fourth part,from the perspective of legislation,law enforcement,justice and so on,considers the coordinated application of the conflict between state law and customary law.In terms of legislation,the village rules and regulations system which can maintain the good management order of the village should be considered to be included in the scope of the national legal system.In terms of law enforcement,we should consider the particularity of ethnic areas,moderate law enforcement in the process of implementation,and respect the human care of ethnic areas.In terms of judicature,the paper lists the "Folk Song court" and "Social Court" created by the people’s Court of Rongjiang county to solve ethnic villages.Within the scope permitted by the state law,the people’s Court of Rongjiang County fully respects therules and regulations of ethnic villages and villages,and uses the emotional way to resolve disputes.Since the implementation of "Folk Song court" and "Social Court",the mediation rate has reached 100%.By listing the typical practices of Rongjiang court,the first is to provide reference for improving the "court mode" of Darui village and more ethnic villages;the second is to think about ways and means to further improve the "Folk Song court" and "Social Court".From the perspective of the customary Punishment Law of the Dong in Darui village,the paper reflects the problems existing in the process of legislation,law enforcement and judicial practice of the national law and the customary law of the minority ethnic group through the investigation of the typical Dong villages,hoping to get some attention from the academic community.At the same time,it can remind the legislature to fully consider the customary law of ethnic minority areas without violating the national law,so that the rules of customary law of ethnic minorities can maximize their functions and adjust their role,so as to better provide a certain value for the governance of ethnic minority areas and even rural grassroots.