论北川羌族习惯法的演化与我国现代法治的重构

The Discussion on the Evolution of Qiang's Customary Law in Beichuan and the Reconstruction of Modern Rule of Law in China

北川羌族习惯法是在与国家法的冲突与协调中演化发展的,大致经历了独立运行、国家法干预、国家法挤压和此消彼长四个历史阶段。北川羌族习惯法的演化规律启示我们需传承和固化羌族习惯法,实现羌族习惯法与国家法的对接和融合,以重构我国的现代法治。

The evolution of the qiang＇s customary law in Beichuan has being accompanied by conflict and coordination with the national law. It comprises such four historic stages as independent effecting stage, intervention of national law stage, expelling of national law against customary law stage and the overwhelming of national law stage. We gain enlightenment from the law of the evolution of the qiang＇s customary law in Beichuan that we should inherit and sohdify the qiang＇s customary law and accomplish the docking and fusion between it and national law in order to reconstruct modern rule of law in china .