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An Analysis On Marital Relations And Customary Law Of Dong Ethnic Group

Posted on:2010-04-02Degree:MasterType:Thesis
Country:ChinaCandidate:W ZhangFull Text:PDF
GTID:2166360275460783Subject:Legal history
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Dong Ethnic Group in Southern China is industrious minority group with long history. Ever since a long time ago, Dong People has established characteristic customary law system regarding family and marriage regulation, influenced by social, economic and cultural factors. This regulation system is not of real legislation, or moral rule, but it is constituted of a serious of social norm with mandatory and customary force, which help defend its overall interests, guarantee internal social order, promote stable development and communicate ethnic culture.Dong Ethnic Group in Southern China is industrious minority group with long history. Ever since a long time ago, Dong People has established characteristic customary law system regarding family and marriage regulation, influenced by social, economic and cultural factors. This regulation system is not of real legislation, or moral rule, but it is constituted of a serious of social norm with mandatory and customary force, which help defend its overall interests, guarantee internal social order, promote stable development and communicate ethnic culture.National academia has yielded substantial results about customary Law of Dong Group, but the achievement regarding martial relations is relatively weak. The author follows closely the concept of legal pluralism, and insists on revolution and overall integration. As such, he adopts the basic approach of dialectical materialism historical materialism, and conducted comprehensive research by combined instrument of history and jurisprudence, as well as borrows methods of ethnics, sociology and ethnonymics. Thereby, this dissertation unveils the history state, grasps the essence of modern revolution, and reckons on future development. It is provided with some reference value to further research on construction of democracy and legality and managing disputes over national law and traditional customary law.Apart from the introduction and conclusion parts, this dissertation is divided into four parts.The first part introduces some basic ideas such as name, source, formation and distribution of this group, and gives an overview of the customary law. The second part puts emphasis on history state and transform in modern times, which is comprised of five aspects: tradition of a relationship, intermarriage conditions, establishment of marriage, termination of marriage and remarriage, discipline, and penalty provisions. The third part deals with modern transformation, for the sake of grasping the essence and development trend. The last part brings some thoughts over the customary law of Dong Minority Group. Through seeking its internal function and rationality, the author describes the performance and root cause of conflicts over customary marriage law and national law, thinks about future development problem, and wants to find a solution for transformation to make it suitable for social development.
Keywords/Search Tags:Dong Ethnic Group, Marital Relations, Customary Law
PDF Full Text Request
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