Analysis Of The Marrital And Familial Custom Of Li Ethnic Minority In Hainan

This thesis consists of three parts, Introduction,Body and Conclusion. The body is divided into three chapters.The Introduction part includes the origins of Li Ethnic Minority,literature review,the significance and structure of the thesis. The Li were the original inhabitants of the Hainan Island. They are the largest minority ethnic group.The old-yue source,the non-yue source and the ma-lai source have made hypothesis about the origin of the Li. The majority of the schorlars in this field think that we can trace the Li to a member of the old-yue people in the south of China. The Li is a cultural group sharing a common heritage .It is officially named the Li when the new China was founded in 1949. The custom of marriage and family of Li people is different from the cultural patterns for the studies of common laws that the phallogocentrism is widely practiced. It is worth taking careful thought about freedom,equality and harmony of the Li people'marrital and familial relationship.At present,the research on the Li has been making from the perspective of politics,economics,history and culture. It was insufficient to make research from the perspective of the status in law. This study can contribute to perfect ethnic legal construction in Hainan.The first chapter introduces the evolution of Li people's marrital and familial pattern.It goes through three stages, that is: consanguineous marriage,marriage within the group,polygamous marriage and monogamous marriage, in addition, long stay at parent's home after marriage. Walking Marriage was a compromise for solving the problem which the monogamous might lead to. The custom of staying at parent's home after marriage breaks the marrital and familial mode which we used to think. Consanguinity and close paternal relations are superior to the relations by marriage. Although the matriarchy of the Li is on the wane,the custom of the matriarchy has been affecting Li people's matrimony.The second chapter presents another marrital and familial pattern of the Li—Masculine. It introduces details of marrital relation from five aspects: seeking for the love relationship,being married,marrital taboo,the ending and improvement of the marriage.Compared with the Matriarchy, That Masculine represents the marriage respecting female and son preference,seeking sexual equality,open and free marriage is more personified and resonable.This chapter also introduces the special feature of the Masculine from four aspects: familial structure,family ties,inheritance relationship and routing duties;that is, a couple belongs to different clans from birth to death and the property inheritance system is the paternal line,only the male heir is entitled to inherit the property.The third chapter is devoted to the study of the marrital and familial custom of the Li within the framework of the law of marriage. The existing problems are mainly in the following aspects: early marriage,procedure of marital registration,the boundary of prohibiting from marriage,copying with the relation between parents and their children after the divorce,property in heritance,supporting their parents and matrimonial disputes.In response to the problems above, the following measures have been taken to improve it: institution,power,concept and pratice.The thesis is the study of the custom of marriage and family of Li people from the perspective of law. The research finding is that some aspects of the custom is in conflict with the law of marriage. The existing marrital and familial custom of the Li maybe compensate for the inadequacy of national law.The author suggests to intergrate Li's marriage and family custom,further strengthen the autonomous region legislative research and make it an important"local resources"of the legal system of Hainan international tourist destination in order to seek harmony and integration of existing national legal system.