蒙古族民間法在鄉(xiāng)村秩序構(gòu)筑中的作用
發(fā)布時間：2019-04-10 10:15
【摘要】： 隨著“依法治國,建設(shè)社會主義法治國家”的進程不斷深入,法治理念不斷深入人心,仿效西方法治理念構(gòu)建的我國國家法體系日益完善。在我們對這套自上而下的國家法關(guān)注的同時,卻不斷發(fā)現(xiàn)這一舶來理念制度與我國的本土資源不甚融合。在中國法治化的過程中,不斷出現(xiàn)國情與理想、固有與傳來、本土化與國際化、地方性與普適性的矛盾。為了解決這些矛盾,學界開始運用法社會學對這種現(xiàn)象進行調(diào)查研究,民間法日益受到了人們的關(guān)注。法社會學是法學和社會學相結(jié)合,以法與社會的關(guān)系為研究對象并采用許多社會學的研究方法的一門邊緣學科。目前學界對民間法的研究多以國家法為前提,研究國家法和民間法的關(guān)系,或者單獨將民間法作為一個法域來研究。 民間法的研究一個重要的方向是對少數(shù)民族地區(qū)民間法的研究,因為少數(shù)民族地區(qū)的地理環(huán)境、生產(chǎn)方式、生活習慣、宗教信仰、文化傳統(tǒng)與漢族地區(qū)的居民相差較大。同時,一般來說,少數(shù)民族居民多分布與我國的邊遠地區(qū),經(jīng)濟文化相對落后,法律意識淡薄,這給國家法在當?shù)赜行嵤?帶來了一定的障礙。少數(shù)民族往往通過自身的民間法來規(guī)范居民的行為,調(diào)整社會關(guān)系。因此,研究少數(shù)民族民間法,特別是研究少數(shù)民族民間法在當?shù)剜l(xiāng)村秩序中是如何發(fā)揮作用的,對于推動少數(shù)民族地區(qū)的法治建設(shè)具有及其重要的作用。 本文選取了蒙古族作為研究對象。第一部分對選題的意義進行了闡述,對國內(nèi)外研究現(xiàn)狀進行了介紹。第二部分對蒙古族的民間法做了系統(tǒng)的梳理,同時對當前蒙古族鄉(xiāng)村秩序的現(xiàn)狀進行了描述,最后對蒙古族民間法和國家法的關(guān)系進行了分析。第三部分分別闡述了蒙古族民間法在鄉(xiāng)村秩序構(gòu)筑中的規(guī)范作用和社會作用以及蒙古族民間法發(fā)生作用的原因。第四部分是對蒙古族民間法在社會主義法治建設(shè)中的價值和地位做了總結(jié)。第五部分對蒙古族民間法和國家法沖突的原因進行了分析,并對蒙古族民間法在我國法治建設(shè)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.
【學位授予單位】：山東大學
【學位級別】：碩士
【學位授予年份】：2009
【分類號】：D90
本文編號：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.
【學位授予單位】：山東大學
【學位級別】：碩士
【學位授予年份】：2009
【分類號】：D90
【引證文獻】
相關(guān)會議論文 前1條
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，本文編號：2455713
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