2012•Journal of Jishou UniversityRequires access

On the Institutional Space of the Common-law in Ethnic Minorities and the Ways of Legalization

Zhang Dian-jun

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Abstract

the common law of national minorities till this day has been important norms and regulations of guiding people's behavior and maintaining the order of the society.There is institutional space in the regional autonomy of ethnic minorities.Many clauses in the constitution and law have provided evidences for the ethnic common-law to be incorporated into the national law.Ethnic autonomous regions have not fully and effectively utilized the nation's institutional arrangement.They absorb the ethnic common-law by establishing its own autonomous legislation and thus bring about conflicts between the national law and the common-law during the judicial process.By conducting an investigation over the common-law in ethnic minorities,strengthening research on related theories,absorbing the rational and positive content of the common-law in the autonomous legislation,we can erase the conflicts between the common-law and the national law,so as to realize the sound interaction between the common-law and the national law.

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What this paper is about

the common law of national minorities till this day has been important norms and regulations of guiding people's behavior and maintaining the order of the society.There is institutional space in the regional autonomy of ethnic minorities.Many clauses in the constitution and law have provided evidences for the ethnic common-law to be incorporated into the national law.Ethnic autonomous regions have not fully and effectively utilized the nation's institutional arrangement.They absorb the ethnic common-law by establishing its own autonomous legislation and thus bring about conflicts between the national law and the common-law during the judicial process.By conducting an investigation over the common-law in ethnic minorities,strengthening research on related theories,absorbing the rational and positive content of the common-law in the autonomous legislation,we can erase the conflicts between the common-law and the national law,so as to realize the sound interaction between the common-law and the national law.

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Available abstract

the common law of national minorities till this day has been important norms and regulations of guiding people's behavior and maintaining the order of the society.There is institutional space in the regional autonomy of ethnic minorities.Many clauses in the constitution and law have provided evidences for the ethnic common-law to be incorporated into the national law.Ethnic autonomous regions have not fully and effectively utilized the nation's institutional arrangement.They absorb the ethnic common-law by establishing its own autonomous legislation and thus bring about conflicts between the national law and the common-law during the judicial process.By conducting an investigation over the common-law in ethnic minorities,strengthening research on related theories,absorbing the rational and positive content of the common-law in the autonomous legislation,we can erase the conflicts between the common-law and the national law,so as to realize the sound interaction between the common-law and the national law.

Key concepts: Law, Legalization, Common law, Ethnic group, Political science, Municipal law, Constitution, Legislation

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