The Confliction And Fusion Of The Marriage Customary Law Of The Bai Ku-Yao And The State Law

For all the distinctive features of the minority, the state law can not really reflect the Marriage condition of Bai Ku-Yao. In fact, Bai Ku-Yao marriage is still adjusted by the marriage customary law. Also, customary law and national law are should be possible at the same time in Bai Ku-Yao. Therefore we will inevitably face how to coordinate the relationship between the customary law and the state law.This paper take Bai ku-Yao in Huai-li Village for example. The author follows closely the concept legal Pluralism and adopts the basic approach of law and ethnology. It is possible to understand the relationship between the customary marriage law and the national law more completely. Firstly, I introduce Bai Ku-Yao customary law , including the engagement customary law, marriage law, divorce customary law, and describe the performance and root cause of conflicts over the marriage customary law and the state law. Secondly, the paper tells confliction of the marriage law and national are having fused by the changes of the customary law. At last, for still confliction, the paper has mainly expound the method of adjusting the conflict, from the thinking, legislative, judiciary in three areas.