The Modern Transformation And Judicial Application Of The Wa Nationality’s Customary Law Of Marriage

This article writing around the center of the Wa nationality’s customary law of marriage. Author tries to grasp the peculiar customs, habits, the Wa nationality’s marriage rules and features, and on this basis to explore modern transformation of the Wa nationality’s customary law concerning marriage and its present situation of application of the Court of Justice.This article is divided into three parts.The first part,distinguish the Wa nationality’s customs and customary law of marriage.The Wa nationality’s customary law of marriage deep in history and culture as the basis. The Wa nationality’s customary law of marriage with ethnic, regional, complexity, dispersibility, rheology characteristics.The "customary law" and "customs" are different, the difference lies in the customary law can rely on some social authority and social organization which is enforced. This paper discussed the Wa nationality’s customs of marriage and Wa nationality’s customary law of marriage is also to make a distinction on this basis. The Wa nationality’s custom of marriage is refers to the rules or habits that naturally formed in the process of Wa nationality’s engagement, marriage, divorce and remarriage. It is used for years. It is known, certain rules for local people. The Wa nationality’s traditional customary law of marriage refers to the spontaneous Wa nationality long-term social practice, to get people to abide by and depend on certain social group, or coercive power to ensure implementation of authority, a method of binding the sum total of marriage custom specifications.The second part, focuses on content of the tradition of Wa nationality’s customary law of marriage and its modern transformation.Same surname marriage ban means from the same ancestral or clan ties the prohibition of marriage between men and women. Same surname marriage between men and women has been regarded by the Wa nationality people’s spirits great blasphemy. Based on considerations of religious prohibitions, once this party events will be subjected to severe punishment. In modern times,when it comes to marriage between the same surname, Wa nationality take punitive action, while no longer as in the past, the parties would still be condemned by local public opinion.Sexual relations between men and women of the same surname, as incest. Unrelated men and women having sex is also considered incest. Wa nationality believe that incest between men and women will give the village a devastating disaster, so the incest were extremely harsh penalties. In modern times, Wa nationality on incest will never again be without penalties, but living in the local community, the Wa nationality people usually do not violate this prohibition.Wa nationality men and women after marriage, to be faithful to each other. In fact, this marital duty of loyalty is one-sided, because it emphasizes the faithful wife to her husband. Married men and women not engaged dating and loving. The customary law that having an affair with others is strictly prohibited is already absorbed, instead on the marital duty of loyalty in the Marriage Act."Monogamous" summed up in Wa nationality’s customary law of marriage is not an accurate and comprehensive summary. In fact only "system" can be described as a customary law. Wa prevalent monogamous at the same time, there are minority polygamous phenomena. The monogamy of Wa nationality’s customary law has been replaced by the monogamy of the Marriage Act.In addition, the pregnant before marriage on the Wa nationality’s customary law should be subject to reprimand, but not within the adjustment range of the existing State law. In modern legal system, these should be left to local moral standards, good custom to be adjusted. Mercenary marriage and the marriage between cousins have died because they violate the mandatory provisions of the Marriage Act. Cangyuan Wa Nationality Autonomous County implement provisions on age of marriage.The third part,discusses the value of the basic,the premise,the current situation of the Wa nationality’s customary law of marriage in judicial utilization.Of Wa nationality’s customary law of marriage as customary law, adjusting the nation’s marriage and family relations, maintain normal order of marriage and family to protect ethnic populations thrive and continue in the normal plays an irreplaceable role. Wa nationality in psychologically and spiritually, the concept has a strong sense of intimacy and identity to the nation’s customary law, using this nation’s customary dispute to be easily accepted by the members of the national.Judge to handle the case, the customary law of marriage uses must take into account its content, purpose, social effects. In this process, the identification of customary law is the duty of judges. Under normal circumstances, in order to identify the existence or content of the rules of customary law, the judge can use the following methods: check out local folk customs and norms views,local chronicles,civil habits survey report compiled by an official or private, and other authoritative materials,consult the local clan elders or scholars, and so on.The Wa nationality’s customary law of marriage are mostly applied in judicial mediation process, but he can’t write in judgment, it may be judge in order to avoid the risk of intentional. Mediation is a more flexible method of resolving disputes, it is more concerned about the autonomy of the parties. Customary civil law as long as there is no mandatory requirement in violation of State law, follow the General principles of public order and good customs, judges can use in resolving disputes.