| In order to promote legal modernization and formulate a unified civil code,our country is working hard to compile the Civil Code.The codification of the Civil Code should broaden its horizons abroad and emphasize the reference and foreign transplantation of excellent legal results.In addition,we must return to the native land,and grasp the living and socialized Characteristics of the Civil Law life,then attach importance to the local legal culture and excavate it.As an important part of Chinese legal culture,the vitality of minority customary laws is very thriving,and The minority customary law of marriage and family,which is related to minority multiply and personal life,deserves attention.After the baptism and filtration of time,Buyi's the customary law of marriage and family forms unique norms of marital behavior and family relationships,it embodies the traditional concept of marriage of Buyi people,highlights charming cultural connotation,and it is an indispensable part of minority culture and law.Therefore,the author chooses a more typical natural village of Buyi nationality in Wangmo County of Guizhou Province-Xintun village,and hope that can make some plans for its future development by deeply excavating and analyzing its content,characteristics,changes and existence value in the ever-expanding situation of national power and the national formulation law.Besides the introduction and the epilogue,this dissertation is divided into four chapters.In the part of introduction,the author generally expounded the theoretical prerequisite of the study for making a clear research perspective and defining the concept of customary law.And reviewed the literature research results at home and abroad,generally described purpose,methods,significance and goals of research,In chapter one,this dissertation briefly introduced the basic situation of the Buyi natural village in Xintun village,and explained the survey and research methods.In chapter two,The content of the customary law of the Buyi nationality in the Xintun village was systematically combed,which is divided into three parts:the customary law of marriage,family,and others.First of all,it introduced Buyi people's the customary norms of marriage and divorce in Xintun village from both the entity and the procedure.Second,it introduced the traditional rules of how to divide and inherit the family property of the Buyi families in Xintun village.Finally,other types of customary norms are introduced,such as uxorilocal marriage and remarriage.Based on the above contents,the author analyzes Buyi's the intrinsic characteristics of the customary law of the marriage and family in Xintun village.In chapter three,this dissertation expounded the six kinds of changes of Buyi's the customary law of the marriage and family in the new village in the period of modern social transformation,and probes into the reasons of its change in a comprehensive way.In chapter four,it stated that thoughts about Buyi's the customary law of the marriage and family,then to analyzed the conflicts between them and the marriage law,the inheritance law.At the same time,even if its content is inconsistent with the national formulation law,but there is no denying the value of its existence.Then it discussed how to analyze its future development and how to achieve the cooperative agreement with the national law.The innovation of this dissertation is that selecting the typical Buyi village in Wangmo County of southwest Guizhou to investigate their the customary law of the marriage and family,and the content also involves the division of family property and inheritance,The previous scholars ' study and the literature on the customs of Wangmo County is very few,and it also rarely involved the customary law of family.At the same time,this dissertation also has deficiencies,because the author's theoretical research level is weak so that theoretical basis and conclusions on Buyi's customary law of marriage and family in Xintun village are not in-depth. |
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