Study On Conflict And Adjustment Between The Uyghur Marriage Customary Law And Marriage Law

The Uyghur Customary Law of Marriage is produced and developed gradually in Uyghur’s long-term production,and living processes. It Has a certain authority and mandatory in regularizing and guiding the behaviors like condition of marriage,procedures, divorce and remarriage. With setting and popularize the Marriage Law nationwide. It makes the local customary law has some conflict with the Marriage Law, and leads the implementation of Marriage Law become limited in the Uyghur area. Although The Xinjiang Uygur Autonomous Region people’s Congress has made the supplementary regulations to marriage law and varied some situation between the Marriage Law and the customary law of marriage, but in reality, the customary law of marriage has took over the uyghur people’s heart, such behaviors occurs,like regularize their marriage with the customary law of marriage which breaks the Marriage Law. Nowadays in Xinjiang, especially the remote uyghurs living area, both the customary law of marriage and the Marriage Law will be exist long-termly,and the conflict between them are being Increasingly prominent. Thus it makes itself an ineluctability problem In today’s construction of rule of law. I myself was born in Hotan City. Therefore, I have learned more about the customary law of marriage in hotan and it’s conflict with the Marriage Law and the problem it has influence in our daily life. Early marriage between hotan uighurs, high divorce rate, the fact marriage, bigamy, illegal cohabitation problems happen frequently. In nearly five years, With the increase in the number of married each year the number of divorces have increased also, especially the phenomenon of bigamy is particularly serious.It brings great harm to the family harmony and social stability.Therefore, it is important to study the formation and development history, origin and the internal reason of the marriage custom law in the real life.The conflict on the basis of the key study of Uygur marriage custom and the current "marriage law" content, and finally in the foundation for maintaining the authority and dignity of the current marriage law, the customary law of marriage gradually adapt with the "marriage law", and in terms of legislation, law enforcement, judicial and legal to make effective measures to resolve the conflict between the two. This is not only conducive to family harmony, social stability, which is conducive to building a socialist harmonious society, to achieve the strategic objectives of governance in accordance with the law 0.This article takes the hotan region as a example and mainly discuss the the production history of the customary law of marriage, the conflict between the Uygur marriage customary law of the formation and development of history, its origin, today’s Uygur marriage custom and "marriage law" and their adjustment, etc.Mainly divided into Chinese and English abstract, introduction, text, conclusion,such as the four parts. In the introduction, the purpose and significance of the research, the current situation of domestic and foreign research, the focus, difficulty and innovation of the research are introduced.The first part in the text has introduced some theory of the customary law, the customary law of marriage and the uyghur customary law of marriage briefly. And the second part has introduced The formation and development of the Uygur marriage custom law in the field of the field, and the factors that affect the historical evolution of the Uygur marriage custom law etc.. The third part introduces the Uygur marriage condition customary law, form of common law marriage, divorce customary law, marriage customary law and they and the conflict between the current marriage law in China and the reasons; the fourth part different from the legislation, law enforcement, judicial, law popularization of field a hair to solve the conflict between the Uygur national minority customary law of marriage and the marriage law, which emphasizes the legal importance. As long as the increase of the cultural level and legal awareness of the Uyghur group, can reduce the "marriage law" with the occurrence of violations, thereby solving the conflict between the two. This not only has important practical significance for family harmony and social stability, but also has an important theoretical significance for speeding up the construction of the rule of law in Xinjiang.