无文字状态下的一种“立法”活动——黔桂边界苗族地区作为“先例”的埋岩

"Lawmaking" Activities without Written Documentation:A Study of the Miao Nationality's Maiyan as "Precedents" in the Area Bordering Guizhou and Guangxi Provinces

苗族历史上没有文字,口承法律文化丰富,属于典型的口承法律文化类型。本文以广西融水、贵州从江、榕江三县的“埋岩”资料为基础,对苗族无文字状态下地域组织以埋岩为主要形式的“立法”意图、“立法”过程、范围以及作为口承“判例法”在以后案件中的援用等问题进行探讨。

There has been an abundance of law passing down orally from generation to generation for the Miao Nationality as its language does not have a writing system. Therefore, the law practiced in these areas is typical of oral legal culture. In this article, the author, on the basis of ＂Maiyan＂ materials found in three counties, Rongshui （Guangxi）, and Congjiang and Rongjiang （ Guizhou）, explored legal issues such as the intention and process of ＂lawmaking＂, scope of jurisdiction, and the application of ＂case law＂ in legal judgements.