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1 results

  • Controlling the Law: Legal Pluralism in China's South-West Minority Regions

  • Katherine P. Kaup
  • Journal:
    The China Quarterly / Volume 236 / December 2018
    Published online by Cambridge University Press:
    05 November 2018, pp. 1154-1174
    Print publication:
    December 2018

  • Millions of China's ethnic minority citizens remain subject to competing legal standards, even as state officials strive to strengthen a unified notion of state law. Minority customary law continues to bind many minority citizens in both civil and criminal arenas and often conflicts directly with state law. What happens when these laws conflict? Based on fieldwork in Yunnan, this article shows how local officials and communities navigate legal pluralism and what legal and policy provisions guide them. Granting local judges discretionary authority to set aside state law in favour of customary law, although seemingly undermining law enforcement, may in the long run be the best path to strengthening rule of law in China's minority regions.