The Minority Of Miao Marriage Disputes Settlement Mechanism

Miao and Dong Autonomous Prefecture of southeast Guizhou Province is the main gathering of Chinese people of the Miao.Taijiang is located in the southeastern part of the Guizhou province, the number of the Miao total number of 98%of the county. Which known as "the first county" the world of Miao ethnic group. Miao, as one of the ancient nation of China, living in the long history.After thousands of years of baptism,it formed its own unique lifestyle and habits.Marriage is essential to the Miao people's in their way of life.Family is the main purpose. With its own unique style and habits of marriage life, such as marriage, divorce, marriage taboo, have unique rules and mediation.Although there is no characters, the habit rooted in Miao people's mind through the use of long-term and repeated after generations.Different place have the differences in language and living habits. Baoxiao is short for six natural village by the local government due to the same language and living habits. The village far from the county,In which Miao culture has been well preserved, the local people still lived in the The traditional way of life.Miao Customary Law of marriage have always been abide by people, no one willing to break out. Its content is a good custom and bad custom.Younger men and women dating together is "wandering", the wedding ceremony, the wedding bride ", also has the vulgar such as arranged marriage, interracial marriage, ghost custom taboo, taboo customs Gu after two, the general is not married, thousands of years has been part of the Miao people of oppression and discrimination such vulgar.After the founding of new China, with the spread of the Marx doctrine, Atheism (ghost) theory have great influence on our country, has been severely hit on ghosts in the Miao area, but for the Miao, the concept of ghosts and elimination. Instead, the ghost custom is not taboo better, but as a way of revenge. With the reform and opening up, China's economy has been a good development, in the nine year compulsory education universal education, Miao compatriots level cultural knowledge has been improved, the family of the young men and women have to work in the coastal area, at the same time, vision has also been opened, on the other hand, with the law of our country continue to improve and promote the rule of law Transfer, the legal consciousness of young people has been growing, growing in marriage on the freedom of marriage, marriage and interracial marriage arranged by the impact.This paper consists of the introduction, the main body and the conclusion. The thesis consists of four parts.The introduction part mainly introduces the purpose, significance and the completion of this paper and research methods and writing process. The text part:the first part introduces the dispute settlement mechanism to serve the Miao marriage, including love marriage customary law, customary law, customary law of divorce; the second part is the Miao marriage dispute settlement mechanism operation:the transformation, marriage disputes settlement mechanism of marriage disputes, divorce dispute settlement procedures and specific basis; the third part is the Miao marriage customary law and state law conflict and interactive path:through the investigation of Miao Customary Law of marriage according to state law and comparison analysis of two kinds of settlement mechanism There exist the conflict between entities and procedures, to seek the docking point to realize the interaction between the two laws; the fourth part is the value of the Miao marriage customary law.This thesis is mainly to serve the baoxiao area as the research point, through the interview and the old walled village committee members understand the people in marriage habits of the characteristics and problems of marriage and performance and the way of solving the disputes, to analyze the existing the customary law of value and deficiency, and the current marriage law of our country and other countries law by contrast, find out the two conflicts, trying to combine the local marriage customary law and national law, to construct the multiple marriage dispute settlement mechanism and maintain the legitimate rights and interests of marriage!...