我国少数民族习惯法和国家法互动问题研究文献综论

The Interactive Research on the Comprehensive Remarks of Our Nationalities Common law and National Law

近年来,民族法得到广泛深入地研究。文章结合当前国内民族法学的研究现状,对民族习惯法与国家制定法互动理论进行了总结和分析。应该继承民族习惯法优良传统,改造消极因素,使之与现代法融合起来,为"法治"服务;对于那些内容上与国家法律相违背的习惯法,应在协商的基础上取消或找出替代的办法。

In recent years, Nationalities Common Law gets to be studied extensively and thoroughly. The article has an analysis and summary on the interactive theory of Nationalities Common Law and National Law that combines with present research on the law of Ethnology. We who ought to contribute efforts to the rule of law should inherit the tradition of Nationalities Common Law and alter a negative factor in order to make it melt with modem method to put together. Those Customary Laws which run count to National Law should be cancelled or replaced by agreements.