Conflict And Coordination Of Marriage And Family Customs And Statute Law

Before modern Chinese legal system, coexisting with the statute law are the folk custom. Each other two, plays the social role of CO governance. The folk custom pays attention to the family which the law careless and also plays an important role in the coordination of the family, neighborhood, clan relationship.Social existence determines social consciousness.Since the New China was founded, especially since the reform and opening up, great changes have taken place in the social outlook.The traditional folk custom has been changed,but the change of social consciousness and social existence is not synchronized.Traditional folk customs are still in the rule of law background showing its vitality.The field of marriage and family customs is a kind of value has been formed a certain region of the long-term relationship,Binding inside. It is the cultural inheritance results in specific regions,and is a continuation of the folk culture of law in the process of historical development.It is one of the reasons that the marriage and family field of modern legislation, and has its specific norm-meaning.However,limited by the the regional discrepancy of economic and cultural development,and there is special relationship between marriage and family customs and China feudal culture,It also has some defects, will inevitably lead to the conflict with the law.Now that conflict is inevitable, our relationship cannot be a negative attitude towards the two. We should stand in the historical and cultural heritage as well as the rule of law civilization Chinese localization perspective.To our excellent traditional culture of inheritance,The marriage and family customs of those outstanding part into the law, coordination between the implementation of the two.The value of marriage and family customs itself as the basis for argument,The formation of the use, with the help of the judicial practice of the related system,how to effectively coordinate the conflict between marriage and family customs and the law.This paper is divided into four parts: The first part, taking two typical case of marriage and family customs and law conflict leads to conflict of application problems in the judicial practice of our country.The second part,taking on the definition of concepts following:habit, custom, customary law, folk law and state law, clarifying the features of marriage and family customs, and making a distinction between the marriage and family customs type, aim to make a Systemic summarized of the basic theory of the marriage and Family Customs. Based on the foregoing, the marriage custom has theoretical value and practical significance from the historical heritage, cultural development and legal change perspective. The intrinsic defects from the opposite point of view and the analysis of its causes, for the following conflict foreshadowing.The third part, this part is a summary of the previous part, because of the existing of the features and functions of marriage and Family Customs, in the application process, marriage and family customs must be in conflict with the law. This article from the concrete form of the existing fields of marriage and family customs of this conflict, system performance, and a detailed analysis of the causes of conflict.The fourth part, the core part of the article, since marriage and family customs and law inevitably has some conflict, then to coordinate the two were used in the judicial practice of various means. This article starts with the necessity and possibility of the two coordination, proposes some strategies from two aspects about marriage and family customs and law conflict.one,from the macroscopic angle,in response to the reason of the conflict between marriage and family customs and law,we offer some policy suggestions; two,focus on the judicial application,put forward the way how we apply it in juridical practice and then provide some supporting system, aim to make the marriage and family customs applied well in juridical practice.