传统民族习惯法对当代行政程序的启示探究

"诸法合体,实体与程序并举"是民族习惯法的基本概括,究其法意识与社会效能而言,民族习惯法是裹着诸法外衣的行政法,并在与民俗乡约、宗教族规的相互融合中习惯法的行政效能逐渐扩张,以行政程序为主体的传统习惯法的价值体系逐渐占据主导地位,使民族习惯法的法律权威与合理性得到保障的同时也促进了民族群体对习惯法的信赖,而以信赖与合理为枢纽的法思维对当代行政程序有着深远的启迪。

The Inspiration of Traditional Customary Law to Contemporary Administrative Procedure

"The combination of the various laws, the parallel between the entity and the procedure" is the basic summary of ethnic customary law. In terms of its legal consciousness and social efficiency, ethnic customary law is an administrative law wrapped in various laws. The administrative efficiency of customary law gradually expanded in the combination of folk customs and religious ethnic rules. The traditional customary law, which was the main body of administrative procedures, gradually dominated, and ensured the legal authority and rationality of ethnic customary law and promoted the trust of the ethnic group to the customary law. The legal thinking based on trust and rationality has profound enlightenment on contemporary administrative procedures.