Vietnam Cross-border Ethnic Marriage And Family Research

No matter how tight countries develop the content of the law, they can not touch on every corner of the social life, and since the statute has the characteristics of lagness and stiffness, so,those countries had to spend high cost to develop and implement laws, of which transplantation from advanced countries is included, with the purpose of maintaining a normal and rational social order. But in recent years, with the aggravation of the crisis of Western legal values, the acclimatization of legal transplants and litigation explosion and other problems.In the face of complicated social life, the statute,as the guidelines for regulating social relations, also looks powerfulless. Because of the crisis of statute,there are a growing number of scholars join the ranks of customary law study,with the hope of finding another way of solution. The research of customary law was in general the observation and discussion of customary law on all ethnic minorities, there are few specific researches on the ethnic marriage and family customary law,not to say the systematic research on cross-border ethnic customary law of marriage and family. And marriage as a special social relationship between two human beings forms the foundation of a family relationship,and thus the norms for regulating marriage and family relations can be said to some extent the normative basis of social relations. Modern marriage legal system, while increasingly being developed and perfected, but as a marriage and family relations as a sort of status attributed to the personal nature,and more than which contains all the dominant or recessive physical and psychological characteristics of human beings. The rigidity of the law leaves many areas for the regulation of such relationship.If this task were put on moral constraint, then this relationship would be in the "anomie" state. At this moment, the function of customary law and values will naturally be manifested.We have to look back to the original primitive customary law of all ethnic groups and even those who appear to be old and useless,they made the relationship of family and marriage into the natural and orderly state. The recognition of universal validity of national law was weaker than the local value of customary law.Based on the study of several major China-Vietnam cross-border national customary law of marriage and family,which compare with the state law, review and analyze the country's attitude toward the national minorities marriage and family customary law. There are the need for some conditions to resolve family disputes and marital problems in order to enrich and promote the national culture, and to play the advantages of customary law, to better serve for the development of state law, learning the legal manner from the various ethnic groups in neighbor countries to strengthen national legal system and safeguard the region and constitutional Law in the minority areas can eventually fully implement the real authority and unity of the law.This dissertation is divided into six parts:The first chapter is divided into four sections. First, the study outlines the purpose and significance of the issue, research trends and research methods, problems and solutions,points out current research trends and the innovation and its limits. Then introduces the the number of the cross-border ethnic groups and the criteria for the classification, the distribution characteristics of each ethnic groups and related social and cultural background. Then introduce the customary law and customary marriage in China-Vietnam cross-border ethnic groups. Overview the definition and origin of customary law, all of these can be the basis for understanding the interactive relations of customary law and national law.Chapterâ…¡The basic system of marriage,which is divided into four sections. Mainly discusses China's Zhuang, Dai, Yao, Miao and Dai ethnic minorities correspond to homologous Vietnamese:Thai, Yao, Hmong and other cross-border ethnic groups whose customs and love concept, basic system of marriage, the range of inter-marriage,and the corresponding number of rights and obligations and the related special wedding customs. Chapterâ…¢Marriage procedures and termination, consist of four sections. Mainly about the procedures of discussed ethnic minorities in the first chapter and the concept of divorce, causes, forms and the legal consequences.Chapterâ…£Family relations and inheritance system.Analyse the family structure, fertility and the marital relationship and the relationship between parents and children of several major cross-border ethnic groups discussed above. The scope of the principle of inheritance the content of customary law and inheritance characteristics of customary law were analyzed.Chapterâ…¤National marriage and family law compare with the state law and its application, is divided into six sections. First, recount the legislative history of marriage and family law in China and Vietnam.then compare the statute of marriage and family and the customary law between China and Vietnam. Based on the rational and functional analysis of the use of cross-border ethnic customary law of marriage and family,discusses the principles and conditions for dispute resolution by using the customary law.Conclusion:In the process of building national legal system, cross-border ethnic customary law should play an active role as the local legal resources, and form a benign interaction between national law and the state law.