The Conflict And Integration Of The Inheritance Law And The Inheritance Law Of The Minority Nationality In Xiangxi

In Tujia and Miao Autonomous Prefecture of Xiangxi(hereinafter referred to as Xiangxi), there are a large number of ethnic minorities. Ethnic minorities have their own unique customs. In the inheritance of property, there is something in common, but differences also exist. As for most of the minorities, in the case of the inheritance of property, male doctrine is placed as the core, and it is difficult for women to realize the inheritance of the family property in their marriage. In our country, there is a great conflict between the inheritance of family property prescribed in the current Inheritance Law in China and the division of family property in Xiangxi minority. The research on the conflict and integration of the customary law in property inheritance in Xiangxi minority and Inheritance Law helps solve the dispute cases on inheritance in the minority areas of Xiangxi in the judicial practice.This thesis uses the method of empirical analysis, comparative analysis and literature analysis and so on, and through the field research fully understands the present situation of cultural customs in property inheritance for minority nationality in Xiangxi. Combined with the actual case, the comparison between inheritance customs of ethnic minorities in Xiangxi and the provisions of Inheritance Law is made to find that there exist conflicts in the provisions of the scope of heirs and the share of the inheritance. Through further analysis, it can be found that the conflicts exist due to many factors such as, the strong effects of traditional habits, the speed of modernization process in minority area, religious belief of ethnic minorities, the autonomy of civil society and belongingness determined by Inheritance Law.This thesis adopts the foreign comparative research method to illustrate the resolution mechanism of the conflicts between inheritance customary law in foreign property and the related property law, and the rational analysis of the related system. It puts forward the aim of the integration of the customary law in property inheritance in Xiangxi minority and Inheritance Law. This thesis thinks that the authority of law made by the nation should be established, which could take the customary law of inheritance as a supplement. Based on the premise of flexible implementation of the inheritance law, and through integration, that is, through the absorption of customary law of property inheritance of the minority, the defects of the Inheritance Law are made up. In minority areas, effective use of mediation procedure and strengthening village regulation and other measures are helpful to achieve the solution of the conflicts between customary law in property inheritance in Xiangxi minority and Inheritance Law, which could make the customary law in property inheritance effectively help implementation of Inheritance Law, and also provide countermeasures for the dispute solving.