当代废止的贵州少数民族习惯规则内容研究

Analysis of the Content of the Contemporary Abolished Customary Law of Ethnic Minorities in Guizhou Province

研究少数民族地方习惯规则变迁问题是研究铸牢中华民族共同体意识的重要实证研究途径。在贵州境内,新中国成立后立即开始废除西部体现阶级压迫和等级制度的奴隶制习惯规则残余。由于国家法的实施,少数民族地方一些群体成员之间互助制度中的一些与国家法冲突的规则内容受到国家法限制。依据国家法律不采取强力进行主动干预,以不支持的消极否定形式使一些与国家法冲突的婚姻习惯规则内容失效或者变迁。

The study of transitions in local customary law of ethnic minorities is an important empirical research way to study the construction of community consciousness in Chinese nation.In Guizhou,the remnants of the customary law of slavery that embodied class oppression and hierarchy in the west regions were abolished immediately after the founding of the People’s Republic of China.Due to the implementation of the state law,some rules in the system of mutual assistance among members of some groups in minority localities that conflict with the state law are restricted.The content of some customary law of marriage in conflict with the state law was invalidated or changed in the negative and passive way of non-support based on that taking forced actions to intervene is not allowed in the national law.