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一、民族习惯法对乡村治理的现状民族习惯法的核心价值是维护乡村和谐、稳定。“和谐”理念是民族习惯法法理价值中的精华。湘鄂西民族习惯法内容极其丰富,仅土家族习惯法就包括生产、村寨、宗族、家庭、婚姻、丧葬、禁忌、宗教等内容。它们是族群与民族社区乡村人们的行为模式,实际地规范着乡村成员的日常生活,对乡村社会治理发挥着无与伦比的作用。1.习惯法的自治组织与调解机制,具有强烈的群体性,集体合作性,维护和谐乡村秩序,减少政府成本和诉讼司法成本。历史上,民族地区乡村基本上是依俗而治,政府很少
First, the customary practice of ethnic customs of the status quo of the country’s customary law The core value of customary law is to maintain harmony and stability in rural areas. “Harmony ” concept is the essence of the legal value of national customary law. The content of ethnic customary law in Hunan, Hubei and Xishen is extremely rich. Only Tujia customary law includes the contents of production, village, clan, family, marriage, funeral, taboo and religion. They are modes of behavior of the rural people in ethnic and ethnic communities, and they actually regulate the daily life of rural members and play an unparalleled role in rural social governance. 1. The customary law of self-government organizations and mediation mechanism, with a strong group, collective cooperation, maintain a harmonious rural order, reduce government costs and litigation costs of justice. Historically, the rural areas in ethnic areas were basically governed by the common custom and with few government