论苗族理词在民事诉讼案件中的运用

The Application of Words of Reasoning in Miao to Cases of Civil Action

苗族有一套自己的诉讼习惯法规范,理词是苗族习惯法中的实体法与程序法的结合。理词作为理师调处苗族婚姻纠纷的重要手段,为维持和谐的民间社会秩序提供了保证,成为苗族社会秩序中真实的法律样式。透过理词去了解苗族习惯法及苗族社会秩序的形式必将是一条必要途径。通过对苗族婚姻纠纷、土地纠纷、借贷纠纷的分析,探索苗族理词在民事诉讼案件中的运用。

The Miao people have their own legal norms of a customary law.Words of reasoning in the Miao language are of a combination of the substantive and procedural laws in the customary law of the Miao.Words of reasoning,as an important means for the reasoning master to settle matrimonial disputes among the Miao,providing a guarantee for the Miao to maintain a harmonious social order,have become the real legal style in the social order of the Miao people.It is a necessary approach to the customary law of the Miao and the form of social order by way of understanding the words of reasoning.Application of words of reasoning of the Miao language to cases of civil action is explored through an analysis of matrimonial disputes,land disputes and loan disputes among the Miao people.