蒙古族民间法在乡村秩序构筑中的作用
发布时间：2019-04-10 10:15
【摘要】： 随着“依法治国,建设社会主义法治国家”的进程不断深入,法治理念不断深入人心,仿效西方法治理念构建的我国国家法体系日益完善。在我们对这套自上而下的国家法关注的同时,却不断发现这一舶来理念制度与我国的本土资源不甚融合。在中国法治化的过程中,不断出现国情与理想、固有与传来、本土化与国际化、地方性与普适性的矛盾。为了解决这些矛盾,学界开始运用法社会学对这种现象进行调查研究,民间法日益受到了人们的关注。法社会学是法学和社会学相结合,以法与社会的关系为研究对象并采用许多社会学的研究方法的一门边缘学科。目前学界对民间法的研究多以国家法为前提,研究国家法和民间法的关系,或者单独将民间法作为一个法域来研究。 民间法的研究一个重要的方向是对少数民族地区民间法的研究,因为少数民族地区的地理环境、生产方式、生活习惯、宗教信仰、文化传统与汉族地区的居民相差较大。同时,一般来说,少数民族居民多分布与我国的边远地区,经济文化相对落后,法律意识淡薄,这给国家法在当地有效实施,带来了一定的障碍。少数民族往往通过自身的民间法来规范居民的行为,调整社会关系。因此,研究少数民族民间法,特别是研究少数民族民间法在当地乡村秩序中是如何发挥作用的,对于推动少数民族地区的法治建设具有及其重要的作用。 本文选取了蒙古族作为研究对象。第一部分对选题的意义进行了阐述,对国内外研究现状进行了介绍。第二部分对蒙古族的民间法做了系统的梳理,同时对当前蒙古族乡村秩序的现状进行了描述,最后对蒙古族民间法和国家法的关系进行了分析。第三部分分别阐述了蒙古族民间法在乡村秩序构筑中的规范作用和社会作用以及蒙古族民间法发生作用的原因。第四部分是对蒙古族民间法在社会主义法治建设中的价值和地位做了总结。第五部分对蒙古族民间法和国家法冲突的原因进行了分析,并对蒙古族民间法在我国法治建设中的前景做了一些新思考。
[Abstract]:With the deepening of the process of "ruling the country by law and building a socialist country ruled by law", the concept of rule of law has been deeply rooted in the hearts of the people. While we pay attention to this set of top-down national laws, we find that this foreign concept system is not very integrated with the native resources of our country. In the process of ruling by law in China, there are contradictions between national conditions and ideals, inherent and coming, localization and internationalization, locality and universality. In order to solve these contradictions, scholars began to use sociology of law to investigate and study this phenomenon, and folk law has been paid more and more attention. Sociology of law is a marginal subject which combines law with sociology and takes the relationship between law and society as the research object and adopts many sociological research methods. At present, the research of folk law is based on the national law, the relationship between national law and folk law, or the study of folk law as a legal domain alone. An important research direction of folk law is the study of folk law in ethnic minority areas, because the geographical environment, mode of production, living habits, religious beliefs and cultural traditions of minority areas are quite different from those of the residents of Han nationality areas. At the same time, generally speaking, the minority population is more distributed with the remote areas of our country, the economic culture is relatively backward, and the legal consciousness is weak, which brings some obstacles to the effective implementation of the national law in the local area. Ethnic minorities often regulate the behavior of residents and adjust social relations through their own folk law. Therefore, the study of minority folk law, especially how the minority folk law plays a role in the local rural order, plays an important role in promoting the construction of the rule of law in minority areas. The Mongolian nationality is chosen as the research object in this paper. The first part describes the significance of the topic, and introduces the current research situation at home and abroad. The second part systematically combs the Mongolian folk law, at the same time describes the current situation of Mongolian rural order, and finally analyzes the relationship between Mongolian folk law and national law. The third part expounds the normative and social functions of Mongolian folk law in the construction of rural order, and the reasons why Mongolian folk law plays a role in the construction of rural order. The fourth part summarizes the value and status of Mongolian folk law in the construction of socialist rule of law. The fifth part analyzes the causes of the conflict between Mongolian folk law and national law, and makes some new thoughts on the prospect of Mongolian folk law in the construction of our country's rule of law.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D90
本文编号：2455713
[Abstract]:With the deepening of the process of "ruling the country by law and building a socialist country ruled by law", the concept of rule of law has been deeply rooted in the hearts of the people. While we pay attention to this set of top-down national laws, we find that this foreign concept system is not very integrated with the native resources of our country. In the process of ruling by law in China, there are contradictions between national conditions and ideals, inherent and coming, localization and internationalization, locality and universality. In order to solve these contradictions, scholars began to use sociology of law to investigate and study this phenomenon, and folk law has been paid more and more attention. Sociology of law is a marginal subject which combines law with sociology and takes the relationship between law and society as the research object and adopts many sociological research methods. At present, the research of folk law is based on the national law, the relationship between national law and folk law, or the study of folk law as a legal domain alone. An important research direction of folk law is the study of folk law in ethnic minority areas, because the geographical environment, mode of production, living habits, religious beliefs and cultural traditions of minority areas are quite different from those of the residents of Han nationality areas. At the same time, generally speaking, the minority population is more distributed with the remote areas of our country, the economic culture is relatively backward, and the legal consciousness is weak, which brings some obstacles to the effective implementation of the national law in the local area. Ethnic minorities often regulate the behavior of residents and adjust social relations through their own folk law. Therefore, the study of minority folk law, especially how the minority folk law plays a role in the local rural order, plays an important role in promoting the construction of the rule of law in minority areas. The Mongolian nationality is chosen as the research object in this paper. The first part describes the significance of the topic, and introduces the current research situation at home and abroad. The second part systematically combs the Mongolian folk law, at the same time describes the current situation of Mongolian rural order, and finally analyzes the relationship between Mongolian folk law and national law. The third part expounds the normative and social functions of Mongolian folk law in the construction of rural order, and the reasons why Mongolian folk law plays a role in the construction of rural order. The fourth part summarizes the value and status of Mongolian folk law in the construction of socialist rule of law. The fifth part analyzes the causes of the conflict between Mongolian folk law and national law, and makes some new thoughts on the prospect of Mongolian folk law in the construction of our country's rule of law.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D90
【引证文献】
相关会议论文 前1条
1 沈艳萍;;民间法化解草场权矛盾纠纷的路径选择——以包头市达茂旗草场为研究样本[A];探索社会主义司法规律与完善民商事法律制度研究——全国法院第23届学术讨论会获奖论文集（下）[C];2011年
，本文编号：2455713
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