Research On The Marriage And Family Customary Law Of Water West Yi Nationality

In recent years, the legal community of the importance of legal pluralism and minority study on rising of customary law. More and more scholars recognize "as an important part of the Chinese legal system, minority of customary law in the common law system in China is one of the richest and most common laws ...... "And start continuously using the method of sociology, anthropology and Ethnology, perspective study of ethnic minority origin, the evolution of customary law and law of, and actively explore the beneficial interaction between customary and State law, seeking the agreement of both. This minority of customary law and has its own unique meaning of marriage and family: not only is an important component of national legal systems, but also reflect their social signs of strengthening health and ethics. In different historical periods are of different nationalities and their own marriage and the family law system suited to the social and institutional development, concept and it embodies the nation's marriage culture, cohesion and reflects the history of racial ancestor, evolution. Therefore, research on minority customary laws of marriage and family, is to explore their cultural identity and spiritual core of an effective way. As a matter of fact, only the truly realized that explore and master, will it be possible to better find their national cooperative path of customary law and reality of national law, thus contributing to the harmonious operation of community and healthy development.Current study on yi's customary law is mainly concentrated in domestic circles, which focuses on using the Liangshan region as focus of the study and the core. Located in the Northwest of Guizhou, also leave civilization in the history of water West of Yi and customary law, yet there has been little legal research to make inquiries short for Tianjin. Therefore, Yi large quantities of water West of the original document is still not full use of the study on customary law, but many scholars of Sociology on spoken and written language, dress, dances and other cultural factors on the water for an in-depth exploration of Western civilization.In addition, academics for customary law in Yi marriage family aspects of effect concern degrees high, but overall Shang are differences is unlikely to, in general awareness to backward of marriage concept, like family within marriage, and grade within marriage, violation marriage method under about marriage free, and prohibited kin married of principles, should firmly ban of while, also General note to has Yi traditional marriage customary law in the active of aspects, as home support outside marriage, and maternal does not marriage. At the same time, some academics focus has become a national marriage law, but also at this stage is not customary Yi to the research topic, such as registration of wedding and ceremony of marriage and divorce issues, rural women land contract, how to on the right after the modernization of the traditional marriage customs of ethnic minorities are reasonable reform, began to gradually become the hot spots of research.On the method of writing, this article focuses on the Yi people's grasp of the original documents, as well as through field investigations on reality, but, combined with the related law, anthropology, and cultural knowledge, an abstract basic principles of water West of Yi nationality of customary marriage and family, with an overview of water West of Yi main contents of the customary law of marriage and family, and on the modernization of interpretation of facts and analysis. At the same time, this article applies the appropriate legal anthropology "case studies", and attempts to develop from changes of customary law perspective, triggering and deepen the law of evolution, runs, the beneficial interaction between customary and State law, such as understanding and consideration of propositions. In particular, the introduction, body and conclusion on this style consists of three parts, in the introduction, main water West of Yi nationality and its historical and cultural changes, review and account development, groundwork for later. The first part of the body primarily to Yi and water West, water cultural overview of the Basic, including historical and social profiles, physical geography, source, and under water culture in a section on water West customary law provides an overview of the Yi people. Partâ…¡focuses on the Yi language through literature and analysis of the relevant information, an abstract basic principles of water West of Yi nationality of customary marriage and family, and through the appropriate interpretation of the case. Part III is primarily using "dynamic process analysis" approach, starting with clues to marriage and family life, through love, marriage, birth, inheritance, divorce, such as dynamic analysis of the process, restore water West of Yi main contents of the customary law of marriage and family. Partâ…£and the conclusion is mainly used for modernization of customary water West of Yi nationality on marriage and family, through the analysis of its causes and manifestations of reality, and deepening reflection on the transformation of its value, meaning, so as to further explore minority value correspondence between paths of customary law and national law.