Research On The Customary Law Of Marriage, Family, And Inheritance Of The She Nationality

The minority nationalities’ customary laws, no matter nowadays or past, is an importantpart of the Chinese legal system in our country. As a national social norms enacted law, it hasa significant impact on enacted areas. As a indigenous and inherent law resources, it plays animportant role in the legal construction in China. The research of the customary law ofminorities in Chinese academic field has achieved certain results, including not only thegeneral research which we take it as a whole, but also the study of the various minoritynationalities’ customary law individually, even so, the achievement is inadequate and theresearch is also relatively in lack. The She nationality is one of the various ethnic cousins inChina. Result from the life of long-term isolated in the mountainous area, the unique ethniccustoms and the primitive religious beliefs, the areas formed with the national characteristicsof the customary law. My objective is trying to assemble as many as customary law of the Shenationality, on the basis of relevant data and the classification of reading, and through theanalysis of the narrative and empirical, to analyzes the law’s characteristics, the theoreticaland practical value, and finally we should dialectically look at the relationship between thecustomary law of the She nationality and national law, and find the best way of interactionbetween them.In particular, this article consists of introduction, text and epilogue.The introduction mainly describes the general situation of the natural geographicalenvironment, history and society member of the She nationality, and the source of the article,the research status and the research methods.The first part of the text describes in detail the specific content of the customary law ofmarriage, family and inheritance of the She nationality. In the process of discourse, we try ourbest to avoid the accumulation of material, and interpret the customary law by static means.The static materials mainly comes from the various periods and each region of the Shenationality’s social and historical investigation, the contents related to the minority of mythsand legends and ancient books, and so on.The second part of the text mainly expounds the characteristics and the value of thecustomary law of marriage, family and inheritance of the She nationality. We interpret thefeatures by dynamic aspects, including four parts: closely associated with the original totem worship, had a vivid national character, stability and variability exit together, combination ofregionalism and uniformity. The value includes the theoretical and practical value, combiningnarrative and argument. The theoretical value has two aspects: confirm early marriage andfamily member form and its evolution of the She nationality, inherit the national culture; thepractical value consists of four parts: maintain and stabilize social order, meet the individualneeds, regulate public life and guide the construction of legal system in national regions.The body of the third part mainly elaborated the confliction and interaction betweencustomary law and common law. First is to dialectical look at the relationship between them,especially the disadvantages and advantages of customary law and national law; secondlyelaborates the confliction and fusion by using the empirical comparative study method; finallyput forward the interaction mechanism of the national customary law and national law,including three aspects: adhere to the principle of unified of legal system, strengthen theautonomy of national autonomous areas and the legal, can be reference to national customarylaw in the judicial practice of related content.On the basis of above discussion, the epilogue emphasized the common law plays animportant role to stabilize the social order, and as a native rule, customary law conflicts andinteracts with the national law. So in today’s construction of law, we should set up the correctlegal thought, straighten out the relationship between customary law and national law andrealize the interaction between the two by the best way.