Field Study And Analysis Of The Judicial Application Of Folk Customs In Minority Areas Of Tongren City,Guizhou Province

The Civil Code stipulates that the handling of civil disputes shall be in accordance with the law;if the law does not provide for it,custom may be applied,but public order and good customs shall not be violated.This makes it clear that both national laws and folk customs are the legal basis for handling conflicts and disputes.However,when national laws and regulations are implemented in Guizhou,local issues in Guizhou must be considered.Guizhou has many mountains and few flat land,which belongs to karst landforms.The problem of rocky desertification in the west is relatively serious,local finances are weak,education and medical conditions are poor,the overall quality of the population is low,there are many ethnic groups,and economic and social development is lagging,causing the application of folk norms has always been one of the main ways of local social governance according to historical records.Due to the high cost of law enforcement and justice,the local implementation of national laws has very large limitations.At present,Guizhou and the whole country have built a well-off society in an all-round way,the government’s financial resources have been greatly enhanced,and the cultural level of the people has generally improved.With the implementation of the strategy of governing the country according to law and the strategy of rural revitalization,the national law has generally extended to the grassroots and has become the main method of grassroots social governance.At this time,how can folk custom give full play to its resource value and role in the new era and new situation,and how to complete the resource integration and system docking of national law and folk custom at the system level and judicial practice level,in fact,have become an important issue that should be faced in judicial practice in the current minority area.Based on this understanding and judgment,the author,as a judge in ethnic minority areas,has completed the following things.First,the current social governance background in our country and the system design of diversified dispute resolution,as well as my years of practical experience in judicial trials in ethnic areas have been combined.Second,carry out district and two levels of court investigations and interviews,file query and case-handling intranet search to collect civil customary judicial application cases in Tongren ethnic minority in Guizhou.On the two basises above,the case analysis method of legal anthropology is used to conduct field investigations on the background culture of these cases and analyze the ways that folk customary justice applies.In particular,it is demonstrated that judges implicitly apply folk customary adjudication cases.Use judicial cases to illustrate the reality of the application of civil customary justice,analyze the forms of application,expound the interactive relationship between civil custom and national law,summarize the advantages and functions of civil customary judicial application,and propose some practical suggestions on how to make better use of folk custom in the judicial judgment.The framework of this article is roughly divided into five parts.The first part is the introduction,which mainly introduces the background and significance of folk custom research,concept definition,research methods and research status.The second part is the empirical investigation of the case background of folk customary judicial application in Tongren minority area.That is,by conducting questionnaire surveys and individual interviews on the judicial application of folk customs to the masses(societies)and post judges and judge assistants(courts)who are the subject of the application of folk customs,to understand the application and effects of folk customs in grassroots social governance.The third part is the introduction and analysis of judicial application cases of folk custom in Tongren minority areas.This article collected a total of 975 cases of civil customary judicial application in this area in the past eight years,including 970 disputes concerning the compensation and distribution of contracted land acquisition.In order to facilitate analysis,only 2 disputes over compensation and distribution of contracted land acquisition are selected randomly,so there are 7 case samples in this article.The seven cases are classified and analyzed,and the content and effect of the judicial application of folk custom are briefly explained.Since this article mainly studies the ways of judicial application of folk custom,it will not elaborate further on the specific content of folk custom.The fourth part is the analysis of the judicial application methods of the folk custom in Tongren minority area.By studying the judgment documents and relevant case materials of specific cases of judicial application of folk customs,we can summarize the specific ways that judges apply folk customs to justice.There are mainly two ways of explicit application and implicit application.At the same time,it reflects the judge’s logical thinking and application technology of applying folk customary judgment cases.It analyzes and demonstrates the way of judicial application of folk custom by specific judicial cases,as well as the conflict and adjustment between folk custom and national law,analyzes the influence of folk custom on judicial judgment,and considers the legal and social effects of folk custom judicial application.The last part is the epilogue.The main content of this article has been briefly summarized and reviewed,and it is pointed out that folk customs still play an important role in the multiple dispute resolution mechanism of ethnic regions in the new era,and continue to exert influence in ethnic regions,which greatly maintains the harmony and development of the society in ethnic regions.Folk custom in the national rural revitalization strategy,inject new vitality into the effective governance of the grassroots society.Strengthening the judicial application of folk customs has important judicial practical significance for promoting the modernization of the grassroots governance system and governance capabilities in ethnic areas.