论文部分内容阅读
社会主义法治建设开展以来,本土资源说与移植说分庭抗礼,而在本土资源说中,少数民族习惯法无疑成为了研究的一个重要方向。当学者们对各少数民族习惯法进行整理研究后却发现,少数民族习惯法由于缺失现代法治的重要基础,而不能简单地成为社会主义法治建设的直接渊源,相对于我们一直致力于发展的法治现代化来说,它们呈现出突然的断裂状态。而现代法治在国家强制力保障的统一实施中,具体的运行于少数民族地区时,却显得有些难以掌控。于是,习惯法与现代法在这些地区冲突着交织并行。本文试图以凉山彝族习惯法为对象,从后现代主义法学解构的角度剖析习惯法的断裂及国家法在少数民族地区的失范,进而重构两者通过良性对话后的衔接,以期能加强少数民族习惯法研究在社会主义法治建设中的意义。
Since the establishment of the socialist legal system, local resources say that transplanting is the best way to deal with transplants. However, in terms of indigenous resources, the customary law of ethnic minorities has undoubtedly become an important direction of research. After studying the customary law of ethnic minorities, scholars have found that due to the lack of an important foundation of modern law and order, ethnic minority customary law can not simply become the direct source of the construction of the socialist legal system. Compared with the rule of law we have been devoting to development For modernization, they showed a sudden rupture. However, when the modern rule of law runs in the unified implementation of state coercion and concrete operation in ethnic minority areas, it seems that it is somewhat difficult to control. Thus, customary law and modern law are intertwined in these areas. This article tries to take Liangshan Yi customary law as the object, to analyze the rupture of customary law and the anomie of national law in ethnic minority areas from the perspective of deconstruction of postmodernism jurisprudence, and then reconstruct the connection between the two through the benign dialogue so as to strengthen the ethnic minorities’ The Significance of the Study of Common Law in the Construction of Socialist Rule of Law.