羌族民约的习惯法特征

民约规范是羌族习惯法最重要的组成部分,在羌民的社会生活中扮演着极为重要的角色。首先,羌族民约具有浓郁的民族独特性;其次,相对国家制定法而言具有依赖补充性,它调整着一些国家法没有调整的社会关系,同时,还在国家法虽有触及却难以深入的社会层面裨助国家法得以具体落实;最后,由于民约多为当地的老规矩、“土办法”,易为民众所遵循,具有可执行性。基于此,研究羌族民约,对今天民族地区的立法和执法实践都可以提供一些有益的借鉴。

The Characteristics of the Qiang People's Conventions as Customary Law

The Qiang People's conventions, as the most important parts of the customary laws, play a significant role inQiang People's life. First, the conventions are uniquely ethnical. Next, they are supplementary, Which are subject to thestatutory laws. They regulate some social relationship which the statutory laws have not done. Meanwhile, they play a sup-plementary role in regulating some social spheres, in which the statutory laws care about in principle, not in detail; and fi-nally, the conventions, as local accepted rules and"unofficial method", are successfully abided by the people, which be-come more enforceable. Therefore, to research on the Qiang People's conventions can provide the practice of both enact-ment and enforcement in some ethnical areas with significant reference.