Research And Study On The Customary Marriage Law Of The Shui National In Dabian Village

Through the long life and production,the Shui national compatriots have formed the distinctive national culture through constant practice and exploration.The customary law of the Shui national is one of them,among which the content of the Customary marriage Law of the Shui national is the most complete and self-contained system.After the founding of the People's Republic of China,the customary law concerning criminal and civil disputes has been replaced by the national law.The study ofthe Customary marriage Law of the Shui national plays an irreplaceable role in the study of the history,sociology and anthropology of the Shui national.This paper takes Dabian village,a typical Shui national village in Sandu Shui national autonomous county,as the research object.The specific contents are mainly divided into three parts(not including introduction and conclusion):The introduction mainly introduces the natural situation of Dabei village,the main course of the investigation and the writing method of the article.The first part focuses on the content of the Customary marriage Law of the Shui national in Dabian Village.Through the survey to collect a lot of vivid first-hand Shui national common law marriage information,then with the help of historical document and local history materials,from the nine principles,four kinds of forms,marriage system and divorce system,punishment system implementation and safeguard and so on five aspects of Shui national a comprehensive detailed description of marriage law,shows the state of the existence of the marriage law and village Shui national animals.The second part focuses on the vicissitudes of the Customary marriage Law of the Shui national in Dabian Village since the founding of new China,especially since the implementation of the marriage law,and analyzes the reasons for the vicissitudes.Before the founding of the People's Republic of China,the Customary marriage Law of the Shui national in Dabian Village had not changed much,although the Shui national animals in the village had contacts with other nationalities and the national culture was permeating and influencing each other.After the founding of new China,especially after the reform and opening up,the self-sufficient and closed state of the Shui national animals in dabei village was gradually broken,and the Customary marriage Law of the Shui national also changed to a large extent.The main performance is:the change of the four forms of the Shui national marriage(" blood table marriage " gradually disappeared,snatching marriage,"where the turtle dove " gradually reduced,free love became the mainstream marriage)and the change of the three principles("oligomial gold" gradually disappeared,"marry in the right way" gradually became a kind of etiquette,door-to-door son-in-law social status promotion).And from the economic development,the state power infiltration and control,the identity of the state law,cultural integration,lifestyle changes and other aspects of the impact of the Customary marriage Law of the Shui national and the reasons for the change.third part focuses on the analysis of the conflict between the customary law of marriage and the state marriage law,and analyzes the rationality of the existence of the customary law of marriage from the perspectives of national psychology,national social needs and national customary law valueAt.last,the author makes a deep reflection on the development of customary marriage law in dabin village from the aspects of the fixed position of customary law,the function of social management and the national development,and expresses his own position and attitude.National law has certain limitation,so we can't deny the existence of the customary law blindly,we should take into account the social adjustment function of the customary law while maintaining the authority of the national law.This paper,from the perspective of the Customary marriage Law of the Shui national,hopes to arouse the attention of scholars and remind the legislature to fully respect and understand the customary law of the minority areas in the process of making laws.We should give full play to the complementary functions and social adjustment functions of the customary laws of ethnic minorities,so as to better promote the process of rule of law in ethnic minority areas and build a harmonious and democratic contemporary society ruled by law.