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Study On The Marriage Custom Law Of The Miao People In Hainan

Posted on:2019-12-31Degree:MasterType:Thesis
Country:ChinaCandidate:Q Q LiFull Text:PDF
GTID:2416330545996665Subject:Legal theory
Abstract/Summary:PDF Full Text Request
China is a country with a large number of ethnic minorities.The formation of various ethnic cultures is inextricably linked to historical traditions and natural geographical environment.The customary laws of ethnic minorities have been or are now.As a kind of social norm independent of the state law,it plays an important role in the Chinese legal system.It still plays an important role in the social order in the minority areas of our country.Our academic circles have made some achievements in the study of the customary law of ethnic minorities.But the depth and breadth of the study were not enough.The unique island and mountain environment,the unique ethnic habits and primitive religious beliefs formed the unique customary law of marriage of the Miao nationality in Hainan.Today,the Miao people in Hainan still follow their own culture of customary law in their daily lives.It still plays a unique role in the stability of the social order of the Miao nationality in Hainan at present.Based on the collection and integration of the existing data on the customary law of marriage of the Miao nationality in Hainan,this paper makes a comprehensive study through the field investigation.This paper consists of three parts:introduction,text and conclusion.The introduction mainly introduces the origin of the study on the marriage habit law of Hainan Miao,the problems in the research process,the methods and significance of the study,and introduces the present situation of the study.The first part of the text mainly introduces the natural production and living environment of the Miao Nationality in Hainan,the source of history,the original religious belief and the theory of customary law.The foundation of the birth of the marriage habit law of the Miao Nationality in Hainan is a theoretical paving for the study of the marriage custom law of the Miao Nationality in Hainan.The second part of the text mainly introduces the specific content of marriage custom law of Miao Nationality in Hainan.The literature materials are mainly derived from the social and historical survey of various periods and regions.The author obtains the first-hand information through the field investigation and investigation of Hainan Miao nationality,and makes a comprehensive interpretation of the marriage custom law of the Miao Nationality in Hainan on the basis of the existing literature and research data.The third part of the text mainly introduces the characteristics and functions of Hainan Miao's marriage customary law.It is characterized from three aspects:free and equal right to choose marriage,equal husband and wife obligation and religious attribute,and function mainly from the angle of stabilizing and maintaining the marriage order of Hainan Miao,meeting the needs of personal marriage and marriage,and spreading the concept of Hainan Miao marriage.The fourth part of the text mainly expounds the conflict and coordination between the marriage habit law of Hainan Miao and the law of the state,and dialectically treats the relationship between the two.Then it analyzes the disadvantages and advantages of the habitual law of Hainan Miao nationality and the state formulation law in the ethnic areas,explores the conflict and integration of the two,and finally puts forward the coordination path between the customary law and the state law.On the basis of the above description,we know the relationship and function of the marriage habit law of Hainan Miao and the state law,and find the best way to realize the coordination between the two parties in the process of the construction of the rule of law.
Keywords/Search Tags:Hainan Miao nationality, marriage custom law, law of marriage
PDF Full Text Request
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