Study On The Problems Of Xinjiang Bigamy

Uygur nationality is a member of our family of Chinese nation, they have their own unique religious beliefs. Islam had a profound influence on the nation, especially in politics, economy, culture and marriage life..However, some people can not very good understanding of religious connotation, in order to satisfy their own desires and the emergence of the some doesn’t accord with the laws of the state, does not conform to the Islamic Sharia law, such as the phenomenon of bigamy.In this paper, the integrated use of literature data and cross disciplines and historical analysis of research methods, ethnic studies is mainly residential Uygur in Xinjiang Uygur Autonomous Region within the territory, does not include living in the Uygurs in the Hunan Province of China and the five Central Asian countries.The problem of bigamy in Xinjiang Uygur, due to long-standing ethnic customs, marriage customs, and the closure of the long-term, under development, formed its own characteristics. With the development of economy, more and more foreign exchanges, foreign influence intensifies,Uighur polygamy and bigamy with Han showing some features in common.According to the survey, Xinjiang Uygur bigamy problem presented characteristics: A is to de facto marriage in the form of bigamy, which is the main trend of bigamy; second is the Uygur is the main subject of Xinjiang bigamy; the third is 30- 50 bigamy in Xinjiang Uygur major age;four farmers account for the suspicion of the majority of the subject of crime of bigamy and so on. In order to better solve the problem of Uygur bigamy, it is necessary to learn from the good experiences and practices,from the legislative, judicial and administrative ways of constructing the path to solve the problem.This paper is mainly divided into the following parts:The first part, the introduction mainly outlines the problems of Xinjiang Uygur bigamy research background and significance, domestic and foreign research status, research ideas and research methods and heavy and difficult and innovation.In the second part, from the theory of bigamy hands, elaborated on the concept and characteristics of bigamy, also distinguishes the unmarried cohabitation with bigamy, cohabitation, adultery and bigamy,and de facto marriage and bigamy.The third part from the comparative law perspective examines the bigamy in practice some phenomena, separately elaborated the marriages in the countries of continental law system of Germany, France and Japan civil code prohibiting conditions, penalties of polygamy in the law of the sea countries Britain, the United States, and China’s Hong Kong,provisions of Turkey, Tunisia and Saudi Arabia polygamy in Arab countries,even Central Asian countries of Kazakhstan, Kyrgyzstan and Tajikistan on the question of bigamy relevant provisions.The fourth part expounds the reason of bigamy in Xinjiang Uygur, there are social reasons, economic reasons and bigamy in their own reasons.The fifth part of the Xinjiang Uygur bigamy put forward countermeasures and suggestions, moral control and legal control,respectively.