Rural Marriage Survey And Improve The Legal Thinking

Based on the field work in the study of current marriage situation in ZaoShan Village of Guang'an City,Sichuan province, the paper focuses the theory of sociology and jurisprudence on this field work in order to reflect the application of the current marital law to the countryside. The family is the foundation of society, then to investigate the applicability of the marrital law is the best way to the exploration of the original intention of law and the improvement of law. With the concern of "three agricultural problems" and the construction of the harmonious countryside, if lacking the reseach of both marriage situation in our countryside and the applicability of marrital law in the countryside, we will be diappointed in the marital law field. Meanwhile, to investigate the applicability of marriage law in the countryside, review the current law, and propose the suggestion of the improvement of law is to benefit the construction of the harmonious society.According to document materials and interviews, the papper attempts to analyze the current rural marriage and family,and the folk custom of the western countryside, review the applicability of national marrital law, find out the deficiency of our countny's law and put forward some advice to improve the problems.The paper falls into 4 parts with 50000 words except the introduction.In PartⅠ, the basic situation of ZaoShan Village. The author discusses the geographical position and the economical conditions of the village to the exhibition of its value of reseach.It is a typical village lies in the Chinese western basins. With the reform and opening to the outside world,it represents the developmemt trend of the western countryside.In PartⅡ, the marital actuality of ZaoShan Village. The mate—selection form of ZaoShan Village includes the scope and freedom of the spouse selecting. In general,the spouse selecting scope is limited to nearby villages,not far from its town;therefore, in ZaoShan Village men are confronted with the dificulty of the mate—selection.The manner of choosing the mates in ZaoShan Village is still the Parent's order and matchmakesr's words with the thick family color. The dowry—"the ritual wishes the money" is nessesary in the village because it reflects the effect of society. At present, unmarried cohabitation in ZaoShan Village only has been found two cases, and the marriage registration system is implemented very well.In PartⅢ,the analysis of the current marital situation in ZaoShan Village according to the empirical research.On the one hand,the villagers usually choose their spouse with the principle of "esidential approach",on the other hand,the "Parents' order" principle dosen't breach the freedom of marriage principle. After the research on the history and acceptation of the dowry, "the ritual wishes the money"in ZaoShan Village cannot be callde arranged marriage. In addition,due to the better propaganda work in the marriage registration system, the phenomenon of unmarried cohabitation is quite to be few in ZaoShan Village,just because of the marriages under the legal age.The litigation ideas of the villagers in some extent reflects misunderstanding and the fear in the litigation of the Chinese farmers.Therefore,most villagers adopt agreement divorce;however,if divorced by agreement, women have no effect on protection of their property rights, visitation rights and land rights.In PartⅣ, the reflection of the deficiency of our countny's law and a better solution to improve our national law in the study of current marriage situation in ZaoShan Village. The paper gives some suggestions involved with the principle of marriage freedom, bride price, marriage registration system and divorce by agreement and so on.