Contemporary Changes Of Customary Marriages Of Tujia Nationality In Western Hunan

Tujia Nationality in Western Hunan has a long history and splendid culture. Due to its own characteristics of history and ethnic group, living environment and other factors, the relatively closed Tujia Nationality in Western Hunan gradually produced and formed her marriage customary law in the long-term social development, to adjust the Tujia Nationality marriage relation within the community, and played an active role for social stability or national unity. During the sixty years after new China being founded six, in the context of social's development and change, the marriage customary law in Western had been in conflict with the state law along with the deepening of state law. And then, the Tujia marriage customary law had a series of simultaneous changes. In the course of her modern Changes, the contemporary value of Tujia marriage customary law gradually revealed, and her interactive or interface with the State Law matured. As the syestem basis of national law, it will continue to play a role for guidance in a long time.Introduction. First of all, on the definition of customary law of several points, leads to the relationship between the state law and customary law, that the customary law is independent of and correspondence with the state law. And then, we get the definition of customary law. On this basis, further to compare customary law with national law and national customs. Through this way, we know that the customary law has these five characteristics -regional, mandatory, stability, variability.The first chapter is the analysis of the Tujia Nationality in Western Hunan's background, from her growing geography, history, population and ethnic distribution, political and historical aspects.The second chapter examines the content of traditional marriage customary law in Western Hunan Tujia. It is deep analysis of the substance and performance form, on the base of studying customary law of engagement, marriage, remarriage, divorce, marriage taboo, and so on.Chapterâ…¢is about the factors that affected the change of contemporary Western Hunan Tujia customary marriage law. According to field surveys, we find that the marriage customary law has taken place in the following changes:"Bone kinds of marriage" is gradually disappearing, the divorce process color gradually weakened patriarchal marriage continue to streamline procedures, the liberalization of marriage tend to get married, older, traditional marriage the coexistence of the ceremony and marriage registration, marriage taboo mandatory weakened, remarriage, women have the election process right choice. In addition, common law marriage in Western Hunan Tujia change main factors: changes in economic form, the system changes, intercultural exchange and collision, the factors of education, social life change, other national organizations "Sending Law to the countryside "activities and" popularization "of education, but also the traditional customary laws in Western Hunan Tujia traditional marriage system of the formation of certain shocks.The chapter IV analyzes the conflicts and adjustment between the marriage customary law in Western Hunan and the State Law duaring the contemporary operational course. Pointed out that changes the course of customary law to coordinate with State Law. In the form of legal pluralism under the customary law of marriage in contemporary along with the state law regulates marriage in Western Hunan Tujia areas. Customary law in Western Hunan Tujia popular early marriage, consanguineous marriage, a strong patriarchal color effect on the recognition and re-engagement "Tang Jian Li", the phenomena of light marriage registration law is not only a departure from the unified state requirements, but also weakened the state law authority in the Western region. Therefore, common law marriage in the Western Hunan Tujia and contemporary changes in the process, be aware of customary law, reject the legal tradition of universal one-sided thinking. Modifications to national law in due course, to some extent, yield to national customary law. Blank area in state law, authorized the existence of customary law in a certain range. Advocacy efforts to strengthen national laws to make are entirely at odds with the national law of customary law has gradually been banned.Concluding section, I talk about some personal reflection.