论民族习惯法与国家法的冲突及整合

少数民族地区目前仍保留着传统而特有的社会关系调整机制即习惯法;与此同时,国家法的大量深入,逐渐成为社会关系调整的主导。两种机制的并存且同时发挥作用,必然带来两者的冲突与碰撞。为了切实增强国家法对少数民族地区社会关系的调整能力,协调并整合国家法与习惯法不仅是必要的,而且只有采取有效措施,才是可行的。

On the Conflict and Integration of Ethnic Customary Law and National Law

Currently ethnic minority regions still maintain traditional and unique social relation adjusting mechanism which is called customary law. Meanwhile, national law has gradually become dominant in social relation adjustment. These two mechanisms coexist and play roles at the same time, which will inevitably result in conflicts and collision. In order to substantially improve the national law's role in adjusting social relations in ethnic minority regions, coordination and integration of national law and customary law are not only necessary, but also practical by taking effective measures.