浅析民族习惯法与国家法之冲突与互动

On the Conflict and Interaction between Ethnic Custom and Statute Law

民族习惯法与国家制定法是两种不同的社会规范,存在着冲突。前者具有多样性、特殊性、伦理性、自觉性特点,后者则具有统一性、规范性、普遍性、强制性特点。民族习惯法与国家法的冲突究竟表现在哪里?两者如何构建才能形成良性的互动?试图针对这些问题进行理论的探讨。

The ethnic custom and the statute law are different social standard systems with some conflicts. The former is various, special, moral and conscious; while the latter is united, regular, common and mandatory. What exactly is the conflict between them？ How can the two laws be related to each other in order to form beneficial interaction？ These questions will be answered in the following paper, expecting to trigger discussion in this field.