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Yunnan Minority Marriage And Family Customs Laws

Posted on:2011-09-01Degree:MasterType:Thesis
Country:ChinaCandidate:W M ZhaoFull Text:PDF
GTID:2206360308471765Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Bai is settled in Yunnan is one of the oldest nation, is an open and progressive nation. Now inhabited by the Bai in Dali Bai Autonomous Prefecture, is the birthplace of Bai culture is the cultural birthplace of the first one in Yunnan. Bai people in their historical development, because of geographical environmental factors, the traditional cultural influences, economic factors, legal considerations and other reasons, Formed and its productivity, living environment suited to marriage and family customs and the concept of marriage and familyThe marriage and family customs and the concept of marriage and family deeply branded in the Bai people's hearts, and received universal recognition of the peoples and consciously abide by, and passed down from generation to generation. Bai community in maintaining the stability and development plays a very important role.Some scholars have about the custom of the Bai, but they are from sociology, sociology of law, ethics and other perspective to write. I Department of Bai, from birth to college before they have been living in Dali Bai Autonomous Prefecture Silver Town a small village, since the university study of law, the deeply felt Bai marriage and family customs and some of the links between the law and conflict and confusion arising. Some of these customs and laws of marriage and family conflict, such as Bai's married daughter was no right of inheritance customs, cousins marriage customs, widowed daughter-husband remarried shall not take away the heritage of customs. While some are the same and the law, such as the widowed daughter or son and then married and can support parents-inheritance practices. For these practices, we can not blind to its recognition not because of those "vulgar" to his veto. On the one hand we must attach great importance to its benefit, available side; the other hand, we must clearly recognize that, after practice is a product of history, is under particular social and historical conditions the formation and development, could not immediately be able to elimination. So in a certain period of time, there should be a space to practice, allowed under the guidance of the law to play a positive role. Marriage and family customs of ethnic minorities to maintain national characteristics in the same time, the establishment of the socialist modernization drive compatible with the new customs of marriage and family ethics, family ethics of this practice is not only the traditional family ethic in the nation, "Ancient of Reason" promotion, it is civilization the mainstream ideology and culture of the draw, not only to the times and the national character, and in accordance with the practice of socialist modernization, implementation of traditional and modern, ethnic minorities and the Han Chinese culture, marriage and family ethics of communication, its essence, to its dregs, Only the adjustment of its comprehensive, shave off one of the negative, backward composition, and on this basis, transform, improve, integrate with the national characteristics for the modernization of socialism, the development requirements of the new marriage and family ethics, the spirit of promoting ethnic minority areas civilization. So on the folk customs and laws of marriage and family adaptation to follow certain principles.And should be objective, dialectical view of marriage and family customs Bai, good practices should respect and promote the natural, but those ugly practices should be criticized, get rid of. Therefore, this paper attempts to make the viewpoint of the law a little research first.So from a legal point of view trying to cut into the beginning of the research strategy.This is mainly through marriage and family customs Bai a full investigation, through literature search and literature review, practice surveys, case studies and other research methods, some of Dali Bai typical legal analysis of marriage and family practices, analysis and contact the national law, for the integration and the law, consistent, should be how to encourage, guide and develop? The conflict and the law, contrary to, how to further ease and perfect? Explore the conflicts between the rules and methods, so that the Bai and legal convergence of these practices can be unified in order to achieve Bai marriage and family customs and purpose of the integration of national law. To promote the harmonious development of society as a whole!...
Keywords/Search Tags:Bai nationality, Marriage and family customs, Law Conflict, Adjustment
PDF Full Text Request
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