论凉山彝族习惯法在当代的变迁及命运

On the changes and fate of Liang Shan Yi's customary law in contemporary

凉山彝族习惯法从来不是僵硬不变的规范体系,它总是随着彝族社会所经历的内在变迁与外部冲击,不断在"扬弃"中演化。在开展国家法治建设的大背景下,彝族习惯法应当得到善待、引导并发挥积极的作用。它不仅不是彝族地区法制现代化进程的阻碍,相反,通过在立法及司法层面上建立和完善合理的沟通机制,习惯法必将成为彝族地区法制建设可资利用的宝贵资源。

LiangShan Yi customary law has never been a changeless system of norms, by the internal changes and external shocks of Yi society, it is always evolved in the process of ＂aufheben＂. In the background that the country will build the rule of law, Yi customary law should be well treated and play an active role. It will never be the obstacle of legal modernization in Yi area, on the contrary, by legislative and judicial means, through the estabhshment of a reasonable communication mechanism between the state law and the customary law, the customary law will become valuable resources in Yi area＇s legal construction process.