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Marriage legal system and customary law marriage Minority Conflict and Balance

Author: WangDaMei
Tutor: TianZuo
School: China University of Political Science
Course: Legal
Keywords: Legal Marriage System Miao Customary Law Marriage Conflict Balance Modifications
CLC: D923.9
Type: Master's thesis
Year: 2011
Downloads: 365
Quote: 1
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Abstract

30 years of reform and opening up of China promulgated the two marriage , in 1950 promulgated the first with the Basic nature of the \Then in 1950, the \Amended in 1980 , \linked to the concept of change is emerging in society some common social phenomenon made ??a timely response , Keeping Up with innovative features beyond . 1950 \the institution of marriage . ① \From the above it can be seen , completely abolished arranged and forced marriage , sexist , ignoring the interests of children , characterized by feudal marriage and family system , established freedom of marriage , gender equality, monogamy, to protect the legitimate rights and interests of women and children on the principle of social doctrine of marriage and family system . 1980 \provision is feasible ②. Its implementation for the establishment and consolidation of our marriage and family relations , maintain public order and safeguard the socialist modernization drive has played an important role. In a certain historical period and adjusted to some extent to meet the needs of our marriage and family relations . In addition, the 2001 \The system requires marriage amendment : Prohibition has a spouse living together with others , against domestic violence , and have the corresponding provisions of the legal consequences ③. Marriage such a provision, bigamy , concubinage , especially concubines , mistresses and other undesirable phenomena a red light . Shows the attitude of domestic violence , to combat , prevent marriage and family in criminal acts provide a legal basis to protect the interests of the aggrieved person . The amendment to add two prohibitions fight against a spouse living together with others to protect monogamy , maintaining the legitimate interests of vulnerable families , effectively curb the serious harm of illegal and criminal acts of marriage and family has played a positive role in the occurrence of . Looking back on 1950, \of the \; arranged , mercenary marriage will eventually disappear completely ; family more civilized , healthy , democratic and backward concept of marriage will completely exit the stage of history , every member of the family status of equality , the family's quality and will further enhance the quality of life , family the spiritual life will be richer , today's \cultural, ethical and moral concepts of the differences in the treatment of various ethnic groups have their own marriage to a certain extent customary law , leading to its difficult to change , and where there are a large number of constraints on the development of human marriage unfavorable factors . Minority Customary Laws are minorities living in the thousands of years of production practice gradually, from generation to generation , and constantly improve and thus become members of all nations abide by a code of conduct . Included covering marriage and family , production and living , criminal norms, norms , and social norms inheritance , etc., maintain internal order of the nation . In common law in the form of a large proportion , is a living law , acts of law , national law in my mind , depending on the customs, taboos, ethics, and so adjust social relations. Because each environment is different ethnic and social growth and development under different conditions and showed deep nationalism and regional differences, reflecting the unique psychological sense of national minorities , traditional national culture , national identity . Peoples of the inner self through coercion and external authoritative force jointly safeguard its implementation , and its means of enforcement measures and penalties more severe , so the peoples will have a very clear prediction , under normal circumstances we have more respect for customary law , customary law led to ethnic minorities Once formed, has a strong vitality , deep impression in the minds entrenched minority , which is reflected in the social civilization and progress of customary law , such as the Hmong \national laws and norms of modern civilization such as Hmong violate the freedom of marriage \Our country is not recognized as a minority customary law system exists , minority customary law in constant development and evolution of some of them have disappeared, but some still tenacious retained, in the form of culture prevalent in these areas and demonstrate its strong vitality . And a custom, idea , thought patterns exist and minority hearts , always affects the behavior of peoples and their values, which civilized minority customary law and legal coordination , but there are many conflicts with the existing law content , affecting the local civilization and social progress and development , so that minorities can not enjoy the national laws of civilization . Although the legal community but the reality that people are eager to progress along the way to the factors set up a barrier , so how to correctly understand the phenomenon of conflict , there is reason for conflict analysis , to find solutions to the conflict, is to promote the implementation of the Marriage Law in ethnic minority areas , to achieve national uniformity of law to ensure social stability is an important guarantee . This paper mainly sociology of law , legislative science, jurisprudence perspective , analyzing actual social life Hmong role of customary law marriage , from the perspective of modern civilization and scientific dialectical examine minority customary law , to understand what should be respected and which should strive to overcome them. Analysis Miao Customary Law and Legal marital conflict marriage system , the formation of the causes of conflict , exposition and balancing their relationship. So that legal marriage system to share the culture in ethnic minority areas , Miao and Dong Autonomous Prefecture of Southeast Guizhou Miao marriage legislation provides some suggestions. Ensure uniformity of law , social harmony. Paper is divided into three chapters: the first chapter : the legal system of marriage and marital overview of customary law ; analyze statutes and Miao Customary law relationship , from the Japanese jurists one thousand Yezheng Shi , Zhang Xiaohui taught by customary law and the law on the relationship described to conduct feasibility studies on the relationship between the two . Discusses legal marriage system requires its historical origins and Qiandongnan Miao Customary Law provisions on marriage and its history. Learn about the legal system and the minority customary law marriage . Chapter II : The main analysis of national legal provisions on marriage regime Qiandongnan Miao area with customary provisions on marriage Conflict and Coordination of the Department, and why would such a coordination and conflict , and from the location, economic developments , human environment and the development of law and customary law characteristic differences , etc., to analyze the causes of the conflict ; specification from Max Weber analyzed and discussed coordination holism reasons . Chapter Three : In order to resolve legal marriage regulations and Southeast states contradictions between customary law marriage proposals : Balancing state power and social power , increase local financial input , changes in local and backwardness , superstition and ignorance customary law marriage will disappear. The reasonable and legitimate , \local custom , the use of rural people about the national Marriage of marriage does not violate the premise of the dispute resolution system , strengthen the legal marriage regime propaganda , making the local marriage and family relationships become civilized, healthy democracy. Marriage makes a greater impact in areas benefiting more civilized marriage .

Marriage legal system and customary law marriage Minority Conflict and Balance

Abstract

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