On Monogamy

In modern society,monogamy is one of the basic principles of marriage law in our country.The current Marriage Law article 2 specified the principle of monogamy.However,under the background of the principle of monogamy,some of the ethnic minority areas of our country existence of polygamy and polyandry marriage pattern(the main research object of this paper is the polyandry in Ganzi area of Sichuan province).In addition,the supplementary provisions of the marriage law of the Ganzi Tibetan Autonomous Prefecture of Sichuan Province,hereinafter referred to as the Supplementary provisions of the marriage law of the Ganzi,which was issued on July1,1982,and promulgated by Ganzi area of Sichuan province in China,make clear a regulation,on the implementation of monogamous marriage system is No polygamy and polyandry.The marriage pattern,which is obviously contrary to the basic principles of China's marriage law,still exists.Indeed,out of consideration for the traditional marriage customs of Tibetan nationality,the supplementary provisions on the formation of the state before the implementation of the supplementary provisions of polygamy,polyandrous marriage,the parties do not terminate,granted to maintain.However,what is the effect? The author conducted a field survey through personal interviews,during the winter vacation,in February 2015 and February 2016,analyze and study the present situation and reasons of the existence of marriage patterns of polyandry in Ganzi.Consider how to guide and promote the ethnic minorities in Ganzi to choose a monogamous marriage mode,it is of great theoretical significance and practical value to promote the implementation of the monogamy principle of marriage law in ethnic areas.In the writing method,the paper mainly adopts the method of empirical investigation.First of all,the author embarks from the typical cases of field investigation,put forward the legal difficulties about the monogamy and polyandry mode.Afterwards,through the study of the basic theory of monogamy,analyze and study its functional value,study on the status and causes of Tibetan polyandry mode from the perspective of empirical investigation,then,puts forward the existingproblems and analyzes the reasons.At length,from the implementation of the principle of monogamy and the protection of the legitimate rights and interests of the parties and their children,based on the actual situation of Tibetan people in Ganzi,put forward the proposal to promote the implementation of monogamy marriage system.In this paper,besides the foreword and conclusion,the main content is divided into five parts as follows:The first part is The issues raised.Starts from real cases,ask questions,leads to legal issues related to Tibetan polyandry mode.The second part is The fundamental theory of monogamy.Mainly through combing and researching the Marriage Law and other relevant legal documents,to define the concept of monogamy and related content,study the function of modern monogamy marriage system and understand and realize the scientific nature of monogamy.The third part is Analysis the status,causes and harm of Tibetan polyandry model in Ganzi area of Sichuan Province.Further research the status of marriage patterns of polyandry in Ganzi area,analysis the the main reasons why the local Tibetan choose their marriage patterns,and then analyzes the harm of the marriage mode,based on the data personal interview on-the-spot investigation,and supplemented by domestic and foreign scholars on the research results of the common marriage.The fourth part is The investigation and analysis of the legislation of monogamy in China and foreign countries.Through a comparative study of the basic principles of monogamy in China and other countries and regions,and the treatment of bigamy and other violations of monogamous marriage,to research and analysis of the status quo and similarities and differences of monogamy within and outside the domain,and to better draw on the relevant legislative experience.The fifth part is The countermeasures and suggestions to promote Tibetan monogamy in Ganzi.Through analyzing the change of social reality,which is the basis of polyandrous marriage,to put forward the countermeasures and suggestions to promote monogamy in Ganzi,Sichuan province,from the aspects of legal publicity,economic basis,legislative perfection and judicial protection.