On the "Compensation for Life"

Abstract: "Compensation for Life" as a minority autonomous areas of customary Law, on the one hand in maintaining regional stability and order of society played a significant role in the development of the other, and today the rule of Law and the Law is full of The phenomenon of conflicting cultural values. This and a lot of social, political, economic and cultural reasons, the treatment of this folk custom, we should develop a historical perspective with a vision of its essence to its dregs.

Keywords:: Compensation for Life, the value of Law, legal culture conflict, modernization
Back in ancient Greece, the famous thinker Aristotle that "the rule of Law," the two standards, in his view, the so-called rule of law, one refers to the common law, and second, that the law should be obeyed is a good method. Based on this I would like to make two of my personal thinking, first, why many ethnic minority areas in China, the popularity of the law has been greatly hindered? Second, the so-called distinction between good laws and bad laws is not the standard should be permeated with different geographical and cultural, different traditions, and many other considerations? I would like to "Compensation for Life" phenomenon as an example to explore it.

First, the "Compensation for Life" folk customs
By understanding the "Compensation for Life" of the content can be seen, most of the "Compensation for Life" phenomenon is very crude, it is beyond reproach, because they basically followed the ancient tribe, the family deal with the problem of war is simple, to resolve disputes form. This one is a violation of state law, on the other hand the formation of social order will be a great threat. From this point of view, really should be completely removed from this backward custom, but the key question is "payment of life price "phenomenon of why the economic, cultural continuous development of increasingly powerful and prosperous civilization, today the wind but worsen it?, one can not just boil down to stereotypes of simple regression, which is sure to have profound practical reasons and their existence reasonable. If you ignore these and on the "Compensation for Life" this simple customary law removed the prohibition of force is the line of the unreasonable. a mere Chongshang Wu force, violence, coercive power, political power, to the neglect of heritage spirit, habits, culture and country is terrible, it is sad. In this issue of the legal system if not properly placed in the modernization of China into a specific cultural background to analyze specific issues, then by force to stop " Compensation for Life ", can not solve the fundamental problem. Therefore, we need to" Compensation for Life "phenomenon of some of the more profound thinking.

Second, "Compensation for Life" in the reality of life in China, the performance of minority
"Compensation for Life" as a customary law, customary law will inevitably have to show all the flaws and shortcomings, it seems incompatible with the development of modern society. Generally speaking, the era remains down to habit or custom, in general more backward and conservative with its progress with the response characteristics of the laws of that era look at the conflicts between cultures, confrontation and conflict, the destruction of legal culture has some role. but of course can not be generalized. in some of our minority areas, some of the areas that are involved in the law, because the local legal system is not developed, often in accordance with the legal culture, some cultures to be contrary to customary adjustments, but also in the social field, this adjustment method by default, and most people approval. This situation is not different legal cultures in conflict, and the more profound because of its social base, often used to gain the upper hand in the conflict. Engels said: "Although ethical and social development process often has a special historical inertia. "But it is after all the spiritual core of social civilization and human wisdom. pretend ignore them, has given China's national rule of law all the blood left a general warning.

Third, "Compensation for Life" in China, the reasons for the existence of ethnic minority areas
(A restricted level of development of productive forces
Even today, after the founding of our country as a whole is also part of an agricultural society types, regions and nationalities of the economic and cultural development is extremely uneven. This phenomenon is particularly ethnic minority areas in China stands out. The multi-ethnic areas in leaps and bounds its very low level of productive forces, more primitive mode of production, extensive, this situation can not be there in just a major change for decades.


[1] China has fifty-five ethnic minority population of the country's total population, although only a very small number, but distributed in more than half of the total land area of ​​the vast region. As a huge difference throughout, leading countries in these areas of criminal, civil, and administrative law enforcement will face many problems, so the rule of law can not achieve a unified situation.

(B geographical environment
These minority areas tend to live in remote areas, in a relatively closed state, the kind of narrow in their world for generations in living in harmony. After the founding of the party and the government in these areas with the help of a certain change, but did not achieve fundamental change. [2] traffic, underdeveloped communications, information exchange restrictions, making people of all nationalities to broaden our horizons, the concept of new things are a lot of constraints.

(C widespread concept of customary law
Social being determines social consciousness. When deciding social ideology there is no fundamental change in the natural economy, the traditional concept of the deep structure of customary law is also rock solid, masses of the minority ethnic customary law in the spiritual, psychological, took office with the concept of intimacy and a strong sense of identity, what is it based on customary law is still the first. reposted elsewhere in the Research Papers Download http://www.hi138.com (four national judicial and law enforcement force is relatively weak
After the founding of the socialist legal system after several twists and turns, in the minority areas to carry out socialist democracy and legal system is still not deep enough, the unity of the socialist legal system and the State Law the authority and dignity of education is not enough, it can not be a socialist legal sense of place of the customary law of the minority people's legal consciousness. [3] In addition, minorities generally live in scattered rough, so the national judicial, law enforcement agencies and the implementation of the national law applicable to a greater degree of difficulty.

Fourth, the history of the where to go - the dialectical treatment of the Chinese minority customary law
Read Chinese history, all dynasties are common law attaches great importance to minorities, development of laws upholding the principles of national reunification under the rule of law, recognition of customary law, some effect, which is worthy of our review and learn from. Public relief to more fairly difficult to deal with some common problems between citizens and the rule-based legal system can ensure the stable operation and development of society, in the form of justice in a sense, but can step forward to ensure that real justice.

Modernization Act requires us to a dialectical view of "Compensation for Life" as the representative of the many customs, can not can not be negated completely sure, or are incorrect and unscientific. We should not only recognize that simply deny or simple affirmed the "Compensation for Life" will not follow the reality of customary law, a wise move. does not impose "top down" to the implementation of rule of law, the law does not give timely intervention, we need to find a middle between the two fit inside , with the two methods can be combined in the development of each other's progress, so as to achieve true harmony of the rule of law in order to achieve harmony of the value of the rule of law.

Modern world history as a process, but from traditional society to modern society changes and leap of human society since the industrial revolution experienced by the main areas of social life involved a profound process of change. But some scholars put traditional and modern society against each other, ignoring the organic links between its internal transformation of the phase compatibility between students. [4] in the legal process of modernization, China is the most typical of the outer hair rule of law, the legal system by the West the impact of rapidly developed legal system, often neglect the development of local resources of the law. find local resources, focus on their traditional, often easily be understood from the history to find, especially from the history books to look for rules and regulations. Traditional are not those just the text of historical documents to form, or even reformulate contemporary scholars, but the flow of the living, and in the lives of millions of Chinese people in some of the practical implications of the concept of their behavior, or from a behavioral perspective is reflected in their behavior patterns. [5] Therefore, in the development of succession in the development of integrated, local conditions to promote contemporary Chinese legal system is most wise.

References and Notes:
[1] Gao was: <"China Minority Common Law Research">, Tsinghua University Press, 2003 edition, p. 269
[2] Gao was: <"China Minority Common Law Research">, Tsinghua University Press, 2003 edition, p. 273
[3] Gao was: <"China Minority Common Law Research">, Tsinghua University Press, 2003 edition, p. 274
[4] Gong Pixiang editor: <<Jurisprudence>>, Fudan University Press, 2008 edition, p. 369
[5] Zhu Suli: <<Rule of Law and Local Resources>> China Politics and Law University Press, 1996 edition, p. 14 Links in the Research Papers Download http://www.hi138.com