Kazakh is a traditional nomadic nation,in the course of the long history of the development of the Kazakh,the formation of a strong grassland nomadic characteristics of the customary law culture,and the Kazakh people's production and life have far-reaching impact.Among them,the marriage custom law is the most representative,it is the Kazakh people's history and culture,religious beliefs,ideas of the comprehensive embodiment of the concept.However,the universal applicability of the national statute law has a certain contradiction and conflict with the customary law of ethnic minorities,which affects the applicability of the national statute law in the Kazakh masses.This paper analyzes the performance,nature and causes of the conflict between the national law and the Kazakh marriage law from the point of view of summarizing the contents and characteristics of the marital custom law of Kazakhs.Finally,from the perspective of legal pluralism and national autonomous local law,Legal practice,elaborated on the Kazakh marriage and customary law of the integration and adjustment of the problem.The article is divided into four parts,the first chapter and the second chapter,from the marriage conclusion,marriage and family,divorce three aspects of the Kazakh tradition of marriage tradition of the content,characteristics and changes.The third chapter,the state enacted the marriage law,its effectiveness and throughout the country,it is difficult to take into account the actual situation of various nationalities.Thus,as a local rule,the conflict between the Kazakh marriage and customary law is inevitable.This chapter discusses the nature and causes of the conflict between the two,and analyzes the essence of the conflict between the marriage customary law and the state law.In the fourth chapter,as a kind of ethnic minority custom law,the Kazakh marriage law is not completely conflict with the state statute law,between the two should achieve the interaction of good faith,ethnic custom law can become the origin of national law and Important supplement,and national legislation should also be fully respected and inclusive.This chapter mainly discusses the status quo of the marriage customary law and the state statute of the Kazakhs and the way of the two.Finally,the conclusion part,the Kazakh marriage law is a distinctive ethnic minority customary law,for the national law,it should be achieved between their mutual integration rather than exclusion,so as to better achieve national law and customary law of interaction. |