Research On Marriage Customary Law Of Miao Areas

Hmong population in the county,is the largest concentration of Hmong in China inhabited counties. Taijiang County preserved the traditional culture, the Taiwan River Township, Wood County called party known for being inspired by the West to give the world"Oriental Disco."Hmong have different areas in different months of celebrating the festival, held in a variety of cultural activities with national characteristics, but also has a long and strong because of the Hmong culture and was dubbed"the world Miao Taijiang County the first county"reputation. One of marriage customs, habits preserved intact the rules, each local Miao people are well-known conclusion of marriage, divorce, etc. should follow the traditional practices, but with the continuous development of society, people's ideas and progress, many are not conducive to the development of themselves and society traditional marriage customs, habits have been abandoned, but many common law marriage still exist with the law, those who maintain the traditional Hmong marriage human ethics customary law by the local people respected and followed. Although other aspects of marriage and divorce laws and the State has developed a serious conflict, customary law marriages are also playing a role, and the law to resolve a dispute as a result of marriage, complementary to the laws, common area maintenance Miao social stability. However, in real life, Miao region matrimonial disputes often break party local ethnic customs, insisted on rigid legal weapons to protect their own interests, making the maintenance of good morals party rights have been infringed, highlights the observance of good faith and ethics but not the maintenance of law, this phenomenon is not only a local court dealing with such cases encountered in the legal, moral sense and a serious conflict, but also lead to conflicts between local people and the conflict between family and family The element of discord caused by these social factors can not be resolved with long-term reasons. At this point, the author himself is the author Taijiang County, and the Hmong people living in long-term Miao Miao and Dong Autonomous Prefecture, the region saw and heard and personal experience, a large number of Hmong areas refer to the relevant customary law marriage papers and other works, full use of university , received master's and internship disputes relating to marriage counseling and handling of the case, with the advantage of geography and material sources. Author to the field survey, based on the area of today's Hmong marriage upheld by the rules, common law marriage Miao region and the conflict between state statutes to demonstrate the performance and then propose marriage in the settlement of customary law and Miao areas of conflict between national law modifications legislative practice, to achieve the effective integration of legal and reasonable, to truly achieve the flexibility of the law, maintaining the lawful rights and interests of vulnerable groups to ensure a legal basis for marital disputes Miao areas, maintaining regional stability and harmony Hmong.