Research On The Settlement Mechanism Of Bouyei Nationality Marriage And Family Disputes

The proportion of civil disputes in judicial practice of china is increasing. With development of the social economy, transportation and people's concepts, disputes involved in marriage and family are increasingly resorting to the court and both parties are more willing to settle their disputes under the support of the public authority. Therefore, disputes concerning marriage and family play a very important role in civil trials at the court. However, marriage and family disputes in xingren, a minority autonomous county, is still being adjusted by the customary law to a large extent. The court will undoubtedly benefit from understanding and reference of the resolving system of marriage and family disputes among bouyei nationality and other minorities when it is necessary to be applied into practices under the law, which will help effectively ease conflicts between legislation and the customary law and will help achieve the social harmony and stability. Therefore, the author of this thesis visited the bouyei villages aiming to conduct a field research on the local system of settling marriage and family disputes. And through some authentic cases, the author will present the content and operation procedure of bouyei marriage and family dispute settlement system, and further more the author will try to seek for its cohesion system with the national law.The content of this paper consists of six parts: the introduction part will explain why the problem is proposed and the significance of this paper's topic. Part i is about the content of settlement system of bouyei marriage and family disputes: yilang system, clan system and zhailao system. Part ii tells about the operation of bouyei disputes settling system: to reveal how the system of settling bouyei marriage and family disputes is specifically operated through a deep sight in bouyei's love, marriage and divorce dispute cases. Part iii is about the interconnection between system of dealing with the bouyei's marriage and family disputes and the national law. Part iv talks about values of settlement system of bouyei marriage and family disputes: bouyei marriage and family dispute settlement system has a positive value towards the whole society and nomocracy.the conclusion part points out that the bouyei marriage and family dispute settlement system is still playing a significant role in solving marriage and family disputes in the bouyei gathering areas and that its vitality won't fade out despite of the rapid development of the society. The judicial authorities should attach importance to it when dealing with those marriage and family disputes. Thus, on the one hand, case handling stress and the litigant burden can be eased and reduced. On the other hand, the adaptability to a local dispute resolution and the public acceptance and recognitiont of the settlement system will be improved by applying the advantages of this system to resolve other disputes.