Investigation And Research In Buyi Customary Law In Binghuai Village,Dushan County

The Buyi customary law in this paper refers to the customary law in the sense of legal pluralism,specifically the social norm system existing in Buyi society,produced in various ways,but not formulated or recognized by the state,with recognized public external forces or other forces to ensure implementation and coexist with the laws of multiple countries.It is not only one of the important sources of national legislation,but also an important reference for making local laws and regulations in ethnic minority areas.In ancient China,the "living legal rule" is the Buyi customary law is the system norm equivalent to the law,the legal norm restricting the people’s daily behavior in ethnic minority areas.From the 70 s to the founding of new China,in the background of social development and changes,with the gradual intervention of national laws,a series of changes have taken place in local legal cultures.However,in many remote and closed minority areas,customary law still plays a strong role in restricting people’s behavior patterns.This paper introduces the Dushan,Dushan,a natural geographical position of Binghuai village village is located in the Buyis,in the Hongshui river and the pearl river basin,it is one of the most widely distributed in Guizhou province,where the location is remote,therefore at present the original culture or protection are more complete.The Buyi customary law as part of the legal culture has been widespread recognition and enforcement in the villages.Secondly,the first chapter mainly introduces the basic situation of the investigation points mainly from the natural geography,the humanities,the infrastructure,the development,and the investigation process of Binghuai village,to lay the foundation for the later writing.The second chapter mainly introduces the civil punishment system,and analyzes the role of customarylaw in the local area and how to the social order of the area is be maintained.The third chapter is mainly from the Buyi marriage customary law of Binghuai village,Informal from the Buyi marriage system of the same surname,the same clan,the eight character conflict,the uncle table marriage,the marriage system,the divorce system and so on.The Buyi marriage customary law degree is the best preserved customary law system and can form a system in the Buyi customary law of Binghuai village,which produces the current local marriage concept why usecapital form big impact.The fourth chapter mainly introduces the settlement mechanism of civil disputes,including the organizational form of Binghuai village,the traditional organizational form and its role,and the dispute settlement by divine judgment,focusing on the functions of the village elders,family leaders and "Bo Hao".The fifth chapter introduces the analysis and thinking of Buyi customary law and national governance in Binghuai village,including the self-management under the customary law of Buyi in Binghuai village,the influence of the customary law of Buyi in Binghuai village on the local legal construction and the improvement of the customary law and national governance of Buyi in Binghuai village.So as to provide a more stable and fair social environment for people’s production and life.The last part is the summary of the role of Buyi custom in Binghuai village,the prospect of the development trend of Buyi custom legal system.