Minority Marriage Custom And The Conflict And The Coordination Of The Marriage Law

As the main laws and regulations of adjusting the marriage relations inChina’s current legal system, the "Marriage law" and relevant judicialinterpretation rule the various marriage legal relationships in more detail.At the same time, there are also more and more judicial cases in practicetell us that the only unified "marriage law" did not fully adapted to thedifferent regions or nationalities. China is a socialist country made up of55national minorities. Each nationality forms its own normative system over along time, summarized these normative systems would constitute thecustomary law of the national minorities. And due to some special featuresof the marriage customary law, such as the history origin, geography origin,culture origin, national characters, regional characters, and so on, whichlead to the negative impact of notional minorities on the statutory low inChina. Especially in the minority inhabited areas, the diversity of theminority marriage customary law presents the significant contradictionsand conflicts with the current "marriage law" in China, no matter in contentor on the aspect of solving the disputes.This paper takes the Kazakh traditional marriage customary low as thestudy objective, in the discussion process, firstly, we use the historicalresearch method to research the origins of minority marriage, analyzes thedevelopment stage of various phenomena and the historical causes of theirproduction in minority marriage, this have provided a historic referencesfor better demonstrate this topic. Secondly, integrate the documents andsurvey data, through the analysis of the references and face-to-face survey,we can further understand the minority marriage, especially the marriagecustomary law in Kazakhstan. Finally, we use the cross-scientific researchmethod. due to the minority marriage, especially the minority marriage customs, involved many aspects of national social life, only one researchmethods are insufficient to clarify the necessary issues, so we need to usethe related science theories and research methods. Such as the civil law,jurisprudence, national law, and many other juristic theory perspectives.These have offered the theoretical basis for research on minority marriageand how to resolve the problems in judicial practice.Discussion on the analysis of this paper was divided into five parts.The first part introduced starting from the real cases and the unique featuresof minority marriage then put forward many practical problems in theprocess of solving the minority marriage legal relationship in judicialpractice. The second part of this paper clarified the concepts and features ofcustom and customary law, analyzed the differences of custom andcustomary law, and briefly presented the relevant content of the mostrepresentative minority marriage customary law which is has the broadestcontent. The third part focused on the relationship of the Kazakh traditionalmarriage law and the current "marriage law", and then analyzed theircontradictions and conflicts as well as the causes. The fourth part of thispaper discussed that how does the minorities marriage customary lawcoordinated with the currents Marriage law, analyzed the how does theminorities marriage customary law treated with the current marriage lawwith flexibility and give some additional regulations, as well as how doesthe current marriage law absorb and learn from the minorities marriagecustomary law and how can they combine with each other in a dualisticstructure. In the final conclusions, the author put forward some views forhow could the marriage law and minorities’ marriage customary lawconstruct a beneficial interaction and got development together, thensummarized and improve the essence and marrow of this paper.