20世纪50年代中国民族地区地方法规中习惯问题研究

Habits of Application of the Local Legislation of Social Reform in the 1950s in Minority Areas

20世纪50年代新政权建设后,国家在民族地区进行了各类形式的社会改革。在改革中为了适应各民族社会传统的特殊性,制定了大量地方性法规规章。在这些地方性法规规章中有一些内容是来自各民族的习惯。当时地方性法规规章在立法上表现出对习惯有适当的具体承认,但多为总括式立法。在当时政治因素下,表现在法律文本上习惯的具体内容并不十分明显,但在实践中却表现出大量承认各少数民族习惯,特别在婚姻、土地、林木等一些特别财产权方面。

Various forms of social reforms in the 1950s in ethnic minority areas have been conducted since the establishment of the new regime and a large number of local laws and regulations have been formulated by the national and local governments to adapt to the particularity of the various minority community needs. Many of the local laws and regulations have absorbed the traditions and customs of various ethnic minorities. There are customary contents for a number of specific recognition, but they are only in the legislation in the local laws and regulations. Influenced by political factors at that time, the performance of the specific content of habit in the legal text is not very obvious, nority nationalities are applied to marriage, land, but in practice a lot of recognition of the habits of the miforests and other special orooertv rights.