Study On The Divorce Cases Of Miao Women In Qingzhen,Guizhou Province,1949-1965

During the early days of the founding of the People's Republic of China,the judicial system was not perfect.In Guizhou,most of the judicial cadres did not receive training in systemic and higher law education,rather,they “learned while doing.” Qingzhen was inhabited by the majority of the Miao population along with mixed ethnic groups.And in the early period of the communist party of China,the court followed the “Ma Xiwu Trial Mode” for trials on civil and criminal cases.The basic structure of “Ma Xiwu Trial Mode” includes conducting research among the grassroots to prove their evidence and heed their suggestions.Under such circumstances,judges take over using their considerable powers.In this paper,the first part sorts out stone tablets,archives,and oral traditions in order to explore family structures and the old customary law of marriage in the Miao traditions of Qingzhen.Secondly,a research is conducted on the history of judicial construction and judges' jurisdictional methods in Qingzhen.Finally,the paper analyzes Miao divorce cases and draws conclusions based on the findings.In addition,the paper illustrates the divorce cases in Qingzhen,depending on local residents of all ages and both genders and emphasizing on investigation and conciliation.For example,the reasons behind a divorce proposed by couples can find their ground in regional customs.Female groups which are categorized as knowledgeable,and those who are popular among the public were beneficiaries at that time.Furthermore,the research compares the divorce rates between the Han and Miao provinces and discusses the causes of the low divorce rate in Miao.The paper also explores and elaborates on the differences between the statute law and the common law.“Marriage Law,” as a cross-regional and cross-national universal law,represents the will of the state,while the common law is designed according to regional conditions.Furthermore,the paper confirms that pastjudgments play a significant role as reference in the present day judicial system.This paper strives to designate Miao females,a double marginalized group from the traditional perspective,at the center of this historical research,ending the stereotype of Miao females and restoring a dynamic and complex life for them.