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回族乡村乡规民约是根植于回族乡土社会,独立于国家法之外的由乡民们共同信仰,共同讨论,共同制定,共同遵守执行的实际上调整乡民日常生活的行为规范。它包括由政府指导和帮助制定的成文的乡规民约和乡民自发的通过口承等形式传承下来的不成文的乡规民约。它紧紧围绕回族乡村乡民的生产生活、宗教信仰、伦理习俗、经济交往、婚丧嫁娶、人情往来等依据乡民的内心认可发挥着功用,实际规范着这一乡土社会的秩序。本文试图借助回族乡村乡规民约这一视角,依照民族地区的现实情况,对回族乡村乡规民约如何存在,其功用价值如何定位以及乡规民约和乡村自治等问题尝试作以法社会学的解析研究。进而探讨国家法与民间法之间的关系,促使二者融合,推进西部民族地区法制现代化。
The regulations and conventions of the Hui nationality township regulations and conventions are based on the local community of the Hui nationality independently from the state law and are jointly founded by the villagers and jointly discussed and jointly formulated and implemented in compliance with the actual conditions of the daily life of the villagers. It includes the unwritten conventions of rural areas passed down by the government under the guidance and assistance of written written regulations of the township regulations and spontaneous propaganda of the villagers. It closely follows the villagers’ inner recognition of their functions and functions in the production, living, religious beliefs, ethics and customs, economic exchanges, weddings and funerals, exchange of human relations, etc., and actually standardizes the order of this native society. This article attempts to make use of the perspectives of rules and regulations of villages and towns in the Hui nationality and tries to make some suggestions on the existence of rules and regulations about the rules and regulations of the villages and towns of the Hui people, Analytical study of science. Then it explores the relationship between state law and civil law, promotes the integration of the two and promotes the modernization of the legal system in the western minority area.