少数民族传统习惯法治化归导的法理证成

The Jurisprudential Verification of the Legal Guidance of the Traditional Customs of Ethnic Minorities

如何在多民族统一中国建构中国特色的法治体系及法治话语,加强与世界不同文明的对话与交流,是当下中国法治建构中需要回应的问题。然时至今日在中国少数民族地区的现实生活中,各少数民族传统的习惯仍实然鲜活地调整规制着人们的行为。因此,在少数民族地区的法治建设中,法治体系及法治话语的中国化进路,必然要求对少数民族传统习惯进行法治化归导问题从法理上进一步进行逻辑证成,将散落于民间的传统习惯,通过地方国家立法机关予以立法,并付诸司法、执法实践,使少数民族地区人们权利在传统习惯与现代法治的实质交融中,获得更有效的保护。

How to construct the legal system with Chinese characteristics and law-based discourse in the multi-ethnic and unified China,and how to strengthen the dialogue and exchange with different civilizations in the world are the issues that need to be urgently addressed in the process of developing the legal system of China at present.Today,in reality,traditional customs are regarded by various ethnic minorities as code of cconduct in regulating people’s behavior.Therefore,in the construction of the legal system in ethnic minority areas,the sinicization of the legal system and the discourse of it will inevitably require further logical verification of the problems of legal system with the traditional rules of ethnic minorities,the traditional and customary norms among the ethnic minorities should be,through both state and local legislatures,should comstitute local laws,put into practice as well as law enforcement.By doing so,that the rights of the people in ethnic minority areas will be more effectively protected as a result of the substantially integration with the traditions and modern rules of law.