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为适应不同时期的具体国家法环境,傣族习惯法始终在不断变迁,即处在面对国家法统治不断消亡与融合的状态中,这个状态既是对变迁过程的法理描述,也是对变迁结果的法制释义。古今中外的法律进化规律证明:拒绝变迁意味着傣族习惯法的整体消亡,而接纳变迁则不仅是对国家统一法制的融合,还是对傣族习惯法“弃糟粕取精华”的有效整合式传承,即消亡糟粕、融合精华。基于此语境,从傣族习惯法变迁的两条主线:“消亡”与“融合”切入,通过建设性的批判来阐释傣族习惯法变迁的一些规律性形态包括过程律、原因律与结果律,并探寻傣族习惯法未来的塑造及有益于国家法治的构成性元素。最终,挖掘出傣族习惯法变迁的部分规律,引领其创造性地传承与发展。
In order to adapt to the specific national law environment in different periods, the customary law of the Dai people has been changing constantly. That is to say, it is in a state where the dictatorship of the state law is dying and melting. This state is not only the legal description of the changing course but also the legal system Interpretation. Evidences of evolution of law at all times and in all countries show that refusal to change means the overall disappearance of the customary law of the Dai, and that the acceptance of change is not only an integration of the unified national legal system, but also an effective integrated inheritance of the customary law of Dai nationality , That is, dying dross, fusion essence. Based on this context, from the two main lines of customary law change of Dai people: “extinction” and “integration”, the constructive criticism explains some regular forms of Dai customary law change including process law and reason law And the law of results, and explores the future shaping of customary law of Dai and the constitutive elements beneficial to the rule of law of the country. Finally, dig out some of the changes in the law of customary Dai law, leading its creative heritage and development.