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The Customary Civil and Commercial Law of Hui Nationality in China

Author: FangLi
Tutor: ZhangHongLin
School: South China University of Technology
Course: Legal
Keywords: China the Hui nationality Civil and Commercial Common Law
CLC: D923.99
Type: Master's thesis
Year: 2013
Downloads: 72
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Hui’s Civil and Commercial Common Law is formed in the long-term practice ofproduction and life of the Hui members. It embodies the will and interests of all the membersof the Hui, and adjusts the relationship of the rights and obligations between the members ofthe nation. It is a universality of the code of conduct which is obeyed by its own nation and isguaranteed by the recognized the social forces.This paper is divided into four chapters. In the first chapter, the development process ofthe Chinese Hui’s Civil and Commercial Common Law was investigated. Look for theinteraction rules between the law and the national law through the historical origins andseveral stages of evolution of the Hui’s civil and commercial common law. So as todiscovery the control and anti-control, assimilation and anti-assimilation historical trajectorybetween the State Law and Hui’s civil and commercial common law.The second chapter carried out a detailed analysis and discussion of the content of Hui’scivil and commercial common law. Hui civil and commercial common law are very broad,including marriage and customary law, diet customary law, funeral customary law anddonations customary law, the sale of customary law and borrowing customary law.Chapter three summarizes the features and functions of the Hui civil and commercialcommon law from the perspective of law culture. Hui civil and commercial common lawregards the concepts of Islamic law culture as the core, while influenced by Confucian LegalCulture, West grammar cultural and other minorities law culture. The development of Hui’scivil and commercial common law requires a certain amount of organizational morphologyand carrier. In the process of Islam’s localization, Chinese Hui unique Menhuan system cameinto being. Hui civil and commercial common law as a social system of norms, in addition toact to regulate the day-to-day work of the Hui people living, still played a function of culturalheritage, social control, and national unity.Chapter four takes the national law as the object of reference and comparison, to explorethe future development of the Chinese Hui civil and commercial common law. Under theimpact of globalization and rapid economic development, the relationship between China Huicivil and commercial common law and national law is also undergoing change, conflict,integration and complementary. In order to achieve positive interaction between the two, andto achieve a win-win situation, we should achieve a harmony docking of both in the conceptlevel, the institutional level, and dispute resolution mechanisms.Through the study of the Hui civil and commercial common law, the author achieves three conclusions: First, the Hui civil and commercial common law is the result ofsecularization of Islamic ethics in China. Hui is a universal belief nation of Islam, and Islamicethics is not only the foundation to form this nation, but the core content for Hui’s growing.No matter when and where Hui reside, it always reflects the distinct national characteristics,preserved traditional lifestyle, and rarely influenced by other people’s habits. In the finalanalysis, it is the result of the stable moral support of Islamic ethics and ethical normsstructure. Second, the key of the effective running of Hui civil and commercial common lawlies in the diversification of the ideology and the stability of organizational form. Thediversification of the ideology can be seen from that it regards the Islamic law culturalconcepts as the core cultural concepts and influenced by the Confucian Legal Culture, Westgrammar cultural, and the culture of other minorities Law. Small communities dispersedliving patterns of the Hui Social decided he must adapt and integrate into the local culture.The Hui society which regards Hui Temple Square organization as the center build a strongline of defense for the Hui civil and commercial common law, and provide organizationalconditions for the effective operation of the Hui civil and commercial common law. Third, inthe long river of history evolution of Hui civil and commercial common law,in order toachieve stability and development, we must realize the positive interaction of the State Lawand Hui civil and commercial common law. In the early stages of socialism, differences alsoexist for a long time between Hui and different ethnic groups in the politic, economy, andculture. The existence of these differences is a direct, realistic and important reason for us tostudy the culture of Hui civil and commercial common law.

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