自秦朝建立起统一的多民族国家以来,中国境内的各民族间一直没有中断政治、经济、文化等方面的联系与交流,汉族和各少数民族之间互相学习和借鉴。但是,这并不能改变各民族间的差异,这种差异是文化多样性的表现。文化多样性又称文化多元,文化多元导致法律多元。人既活在现实生活中,也活在传统之中,没有传统、传承,就没有现代的人。中国各民族都有自己独特的传统与文化,尽管身在现代,但不可能完全摆脱传统法律文化的影响,少数民族习惯法就是传统法律文化的体现,其是国家法之外的一个客观存在,并在民族地区起着十分重要的作用,因此,必须正视法律多元现象,这是我国法治建设必须要面对的现实。套用千叶正士的观点——不认真对待法律的社会文化基础,就不可能成功地实现法律的现代化。~①我们可以说,不认真对待中国的法律多元现象,不充分认识少数民族习惯法的现代作用,就不可能成功地稳定少数民族地区的社会秩序,也不能成功地建设社会主义法治国家。 Since the Qin Dynasty established a unified multi-ethnic country, all ethnic groups in China have not interrupted the political, economic and cultural ties and exchanges, and Han and ethnic minorities learn and learn from each other. However, this does not change the differences among different ethnic groups. This difference is a manifestation of cultural diversity. Cultural diversity, also known as cultural diversity, cultural diversity leads to multiple laws. People living in real life, but also living in the tradition, there is no tradition, heritage, there is no modern person. All ethnic groups in China have their own unique traditions and cultures. Although they are in the modern age, it is impossible to completely get rid of the influence of the traditional legal culture. The minority customary law is the embodiment of the traditional legal culture. It is an objective reality outside national law, And plays a very important role in ethnic areas. Therefore, we must face squarely the phenomenon of law and pluralism, which is the reality that the rule of law in our country must face. Applying the view of Chiba Masayoshi - It is impossible to successfully achieve the modernization of law without taking social and cultural foundation of law seriously. We can say that without taking the legal pluralism of China seriously, it is impossible to successfully stabilize the social order in ethnic minority areas and to successfully build a socialist country under the rule of law without fully understanding the modern role of ethnic customary law.