苗族习惯法的典型存在样态及其功能——以《苗族习惯法的遗留、传承及现代转型研究》为行文依凭

On the Typical form and Function of Miaos' Customary Law

无论是国家法还是民间法,都不是自足的规范体系,它们各有其存在的领域和价值,这一判断似乎尤其适合我国少数民族地区。苗族习惯法以理词等作为典型的存在样态,在调节秩序、裁断纠纷、宣传法律等方面为国家法的顺利运行提供着力点并发挥着一种平台性作用。

Whether State law or Folk law,they are not self-contained normative system,they have their existence and value of the area.This judge seems to be particularly suited to China＇s ethnic minority regions.Miao customary law uses Lici as a typical kind of state,further analysis finds that though these typical customary law is useful in providing a focal point for the smooth functioning of the state law,and plays a role of a platform,especially in regulating order、settling the dispute、publicizing the laws and so on;when we talk about the Civil customary law、penal method and so on,they just blockage the operation of State law in the local area,sometimes they will even fully offset the legislative intent of state law.