The Research On The Evolution Of Minorities' Marriage Customary Law

Liangshan Yi marriage customary law is unwritten legal norms which are effecitve in Liangshan Yi region and have mandatory force. It was born in Liangshan Yi traditional society, its aim is to preserve hierarchy and clan system. It was the only legal norms adjusting Liangshan Yi people marriage relationship before the founding of People's Republic of China. Through thousands of years' development, Liangshan Yi marriage customary law is rich in content and has detailed provisions in the aspects of marriage, divorce and marraige form, etc. Besides, it has developed a series of distinctive marriage institutions, such as marriage within a rank, marriage outside the clan, ethnic marriage, forbidding maternal cousin getting married, priority on cross-cousin marriage, engagement and so on.After the founding of People's Republic of China, Liangshan Yi region step into the socialist society from the traditional society, and the Government of People's Republic of China implemented political domination in Liangshan Yi region. After the democratic reform, the traditional social hierarchy was abolished, and thus the two cornerstones of Liangshan Yi marriage customary law disappeared. In order to establish a new socialist institution of marriage in the Liangshan Yi region, the local government decided to carry out the customary marriage law reform, and historically, the government conducted it four times in total. During the marriage reform, Liangshan Yi marriage customary law was denied by the government, but it has not been erased on Yi people's heart, and played an important role behind the scene, and thus marriage reform failed. To be detailed, the specific process of marriage refoem is as followed: In 1960, the government reformed for the first time, the main content was to promote the freedom of marriage, the abolition of bride price, ban on early marriage, black and white Yi marriage. This reform for the first time shook the Liangshan Yi customary law marriage, but did not change the overall appearance of Liangshan marital status, the case of independent marriage only sporadically appeared. In 1964, the second-time marriage reform began. The reform dealt with the marriage problem as a class problem, and the majority of black Yi were divided into the slave owners class, and were prohibited intermarriage with other classes. Such a provision is just in line with the marriage within a rank system, so the marriage reform did not make a great influence. In 1976, the government carried out the third-time marriage reform, opposing the sale of marriage and arranged marriages, and promoting freedom of marriage and to fulfill the legal formalities of marriage. However, because of the unrealistic ideas it has failed to achieve the intended purpose. Liangshan Prefecture in 1983 adopted the "Liangshan Yi Autonomous Prefecture purposes <People's Republic of China Marriage Law> regulations", followed by the fourth-time marriage reform. But its content almost wholy denied customary law which was inconsistent with the "Marriage Law", and went too far ahead. Therefore the reform did not meet the purpose either. This paper argues that the main reason for the failure of four marriage reforms has two aspects, one is the strong vitality of Liangshan Yi marriage customary law, so that the effect of each reform last only a short time; the second is the limitations of the marriage reforms, which ignored the value of marriage customary law, too much emphasized on class and subjective awareness.After the failure of marriage reform, Liangshan marriage Yi customary law revived, and adjusted the marriage relationship together with the statue marriage law in Liangshan Yi region. Customary marriage law is the regulaiton adopted in mediation while the statute marriage law is effecitve in court. In the aspect of the concept of marriage, most of Liangshan Yi young people prefer the "Marriage Law" whcih advocates of the freedom of marriage, and the concepts of marriage whthin a rank or within the nation becomes much weak than before, early marriage and bigamy phenomenon has also decreased. Howevr the older generation still prefer the traditional concept of marriage customary law.This paper argues that the Liangshan Yi marriage alone can not change the system reform, Liangshan Yi marriage customary law on Yi people 's mind, it is impossible to change the marriage alone can completely change. Marriage change should respect the views of people in Liangshan Yi, Liangshan current marital status showed Liangshan Yi people have enough wisdom and rationality to achieve the modernization of the institution of marriage. States should be properly guided in respect minority cultures on the basis of law, to help modernize the full realization of Liangshan Yi marriage.