The Roles Of Uygur Marriage And Family Customary Law In Constructing Harmonious Xinjiang

With the increasing globalization and legalization of the world, and under the context of the ongoing reinforcement of the trend of the unified legal system and continuous procession of modernization of the principle of the rule of law, nowadays, the building of the Chinese legal system is proceeding under the numerous factors which are in conflict and coordination between the reality and the ideal, tradition and modernity, locality and borrowing, local knowledge and the principle of universal. The society has undergone the transition and transformation from the tradition to modernity, people's values and value orientations are diversified, people's awareness of the law is greatly increased. The analysis of the article is based on the customary practice of the multi-ethnic and multi-religious situation in Xinjiang Uygur. The State law is the law in any society is not the only or all, but only a part of the whole legal order, apart from the state law, there are a diversity of other types of laws, which bridge the gap left by national law. Particularly in the vast minority areas, in addition to state law, there exist a large number of national customary laws. This paper focuses on the study of the process of Uygur Marriage and Family customary law. It helps to broaden filed of the study of law, and solves the problems faced with the legal construction in Xinjiang ethic minorities, and provides a good understanding of law becoming"local resource"and the inheritance and carrying forward of the customary law, and meanwhile, it has far-reaching significance for development of the Xinjiang ethic law and the understanding of the traditional cultures, and for the strengthening of the national unity and the guarantee of the social stability, and building a harmonious society.Xinjiang, a multi-ethnic region since ancient times, is a multi-religious and multi-cultural melting pot. Xinjiang is located in the border with unique geographical environment and more frequent dissemination of foreign culture. There have been 13 ethnic groups lived here according to the recorded history, at present, there are 56 ethnic groups, among which 13 are Islamic minorities. However, they had other religious beliefs, the traces are reflected in their various codes of conducts, which still exerts great influences in their lives. This paper makes an example of the Uygur marriage and family customary law and elaborates the positive and negative role it plays in the development of human society. Based on the analysis, the general overview of the advantage and disadvantage of the Uygur marriage and family customary law is attained in this paper, which lays foundation for the carrying forward and developing of the customary law.Now we are in the new era of socialism, trying to build up a harmonious society and socialist spiritual civilization, it's especially important to utilize the ethnic minorities'customary law in the process of legalization. In recent years, under the influence of the concept of ruling by law and"localized resources", the study of law concentrates on the research into the civil law and customary law. However, the profound and individual study of the Uygur marriage and family customary law still at its infancy, this paper starts from the custom, religion and ethics and moral conduct.In order to guide the customary law to be compatible with the state law, this paper uses the Uygur marriage and family customary law as the starting point, which is also the breakthrough of the previous research. The paper discusses the process of the Uygur marriage and family customary law, the in-depth analysis of its origin and evolution is also attained. The objective overview and evaluation of the limitations of the Uygur marriage and family customary law are conducted from the perspective of building a harmonious society. The paper also illustrates the necessity of tapping the ethics and moral resources in Chinese traditional culture, and the positive roles of the guidance and promotion of the"localized resources", serving the modernization and legalization of socialism, which is indispensible to the compatible relationship between Uygur marriage and family customary law and state law, as well as an important items on the agenda of transition of the building of socialist legal system.