The Conflict And Adjustment Between Kazak Marriage Customary Law And National Law

Kazak is a long historical nomad, has formed a series of common laws cultural with luscious grassland life's features. These common laws have been coming into a great influence on the people of Kazak. In which, the marriage common law is the most typical law. It embodies this influence from many fields such as the cultural of history, the faith of religion, the conformation of consciousness. However, it causes conflict with the universal applicability of the national law and weakens the force of the national law on Kazak. This thesis's discussion, begin from content and characteristics of Kazak's marriage common law, then make a analysis of exhibitions, qualities and reasons in the conflict between the marriage common law of Kazak and the national law of China, end in the statements about these different two laws' amalgamation and debugging, combine with recent our national law's practice, according to various points of view on them.This thesis can be divided into four Parts.The first chapter is introduction, expounds investigative meanings of the conflict between the Kazak's marriage law and the national law, also, bring a conclusion of research findings in the related fields.The second chapter present content, features and transition of the marriage common law of Kazak from the marital establish, marital family and divorce.The third chapter, the marriage law made by the nation,its effect applies to the whole land,cannot consider different ethnological situations. Thus, it is impossible to avoid the conflict between these two laws. This chapter goes into its discussion from these three sides, they are exhibitions, reasons and qualities of conflict, anatomy substance consist in the conflict.The fourth chapter, as a kind of minority common laws,the marriage common law of Kazak does not conflict with the national law in fact.the two should achieve a positive interaction, can formulate the national law and add the source of the national law. On the other hand, the national Law should show fully respect and embrace the minority common laws. This chapter discusses the current situation of the marriage common law of Kazak and the ways of the two side's adjustment.The final chapter is conclusion part.The marriage common law is the one with distinctive features of minority laws. From the national law, it should form integration between them rather than exclusive so as to bring a better interaction.