Discussing The Protection Of De Facto Marriage In China From The Marriage Customary Law Of Yi Nationality

According to China’s current judicial interpretation, the facts of marriage take conditional recognition attitude, in February 1,1994 the Ministry of civil affairs "marriage registration regulations" promulgated before, both men and women have in accordance with the substantive elements of marriage, according to the facts of marriage; since February 1,1994, the Ministry of civil affairs "marriage registration regulations" promulgated, both men and women with the people’s court the substantive elements of marriage shall be informed of the acceptance before re registration of marriage in the case; without re registration of marriage, cohabitation relationship. According to the fact of marriage cases, through mediation and withdrawal or not, should be a divorce.In minority areas, especially in Qiandongnan Miao and Dong Autonomous Province of Guizhou the author’s life, because marriage are different in form and substance and marriage law, in fact marriage exists, if only in accordance with the existing norms of simple processing in minority regions in the marital problems, is bound to the region family harmony, adversely affect social stability. By analyzing the current situation of China’s facto marriage marriage form and the Dong area etc., hoping to find the best way to solve the protection of factual marriage in legislation and judicial practice.More research results for the fact that marriage, but the study of Dong customary law of marriage is less, the study on the relationship between the customary law of marriage and the fact that the marriage is even fewer. One reason is that the population in a smaller range, failed to attract enough attention. But the marriage relationship is the relationship of human society an important, stable and healthy relationship of marriage to the harmony and stability of a family, family harmony and stability in order to ensure good operation of the whole social system. Reasonable legal norms can bring positive effect to the marital relationship and maintain the healthy and stable social system, otherwise it will not bring to the whole societyStable factors. The whole human society attaches great importance to the adjustment and control of marriage, in order to maintain social members to maintain a healthy and stable marriage relationship to the whole social system. Marriage is a collection of the natural and social attributes, regulate the behavior of its origin even before mankind. Therefore, we can not ignore the impact of a regional social habits to their marriage in this area, if the country is on the relationship of adjustment, does not respect the objective reality, it will be difficult to achieve the desired results. This article is based on this understanding, the Dong family marriage customary law as the starting point, I pointed out that China’s current marriage law for the protection of facto marriageThe analysis of deficiencies, China should take the construction of conditional approval due to effect of facto marriage law and identification system, to improve reference for future legislation. At the same time in the national law has not made before the Dong area how to deal with the fact that marriage problems are proposed.In addition to the introduction and conclusion, the article is divided into four parts:The first chapter, an overview of the basic concepts of facto marriage, facto marriage, to distinguish the facts of marriage and other marital status. Analysis of the current situation of facto marriage legislation, clarify the evolution of our marriage legislation and fact evaluation on the facts of marriage law. The second chapter expounds the basic content of Dong customary law of marriage, and points out its influence on the marital status of the Dong area, at the same time the status of facto marriage Dong area are discussed, including the fact that marriage forms and reasons. The third chapter discusses the conflict between the customary law of marriage and the fact that the marriage law in China, mainly refers to the present legislation defects The Dong area for the Judicial Dilemma of facto marriage treatment. In the fourth chapter, through the analysis of the above chapters, according to the facts of marriage in legislation, judicature should adopt a limit to acknowledge its validity and give its legal marriage and equal protection. The conclusion and put forward the autonomous power of flexible treatment of the Judicial Dilemma of facto marriage in Dong nationality area the recommendations of the use.