The Investigation And Research Of The Customary Law Of Marriage Of Buyei Nationality In Damankou Village,pingtang County,Southern Guizhou

The customary law of ethnic minorities is the customary law rule made in ethnic minority areas,which is used to solve the conflicts and contradictions in the villages,and the customary law of marriage plays an important role in solving the marriage problems between buyei men and women,so as to help the buyei people to have a more stable social order.But with the development of era,the transition of the buyei people's ideological concept and the improvement of material life,the custom law in the applicable also appear the corresponding problems.therefore,needing to discuss how to balance the buyei customary law of marriage and the "marriage law",which is constantly change and develop.It can play the complementary role of national law in ethnic minority areas.The author hopes to find out the changes and reasons of the customary law of marriage in bouyei villages through the analysis of the customary law of marriage in bouyei villages,and summarize how the bouyei people balance and apply the effective customary law of marriage in the judicial application of the national law,so as to put forward the adjustment of the useful customary law of bouyei people.The marriage law and minority customary law are a process of mutual absorption and integration under the interaction of a long time.In the current legal society construction,The marriage law and the customary law of marriage for buyei nationality have their own advantages,which can reflect their roles and values in their respective positions and finally play a better role in the construction of China's legal system.This article is investigating and studying the "marriage law" and buyei's customary law of marriage.Doing the research is not from a macro perspective,but from the micro aspect.With a neutral attitude to resolved the problems,it is based on the degree of the Damankou village in the south of Guizhou province as an example.From the tiny aspects to analyze the condition and change in the content of the minority common law of marriage,so as to find out better way to merge.In addition to the introduction and conclusion,this paper is mainly composed of six parts.The first chapter mainly introduces the investigation process and local natural and cultural conditions,paving the way for the later narration of the customary law of the bouyei nationality.The second chapter mainly analyzes and sorts out the content of the investigation from different aspects,including court?No marriage by the same name,arranged marriage,contract a marriage,the way of marriage,two people are living together and the woman are not stay in husband' home,grab the bride,and get in divorce to introduce the marriage customary law of the bouyei nationality in Damangkou village from these aspects,so as to make an embedded analysis and discussion on the customary law of marriage in the bouyei nationality.The third chapter expounds the changes of marriage customary law of buyei nationality,including its corresponding content and status,and is mainly based on the changes in politics,economy,consciousness and other aspects that lead to the changes in the marriage customary law of marriage in the buyei nationality.Therefore,it reminds the legislature and judicial organs to face the conflict between the customary law of marriage in the ethnic minorities and the marriage law in the process of judicial application,so as to respect the localization of the customary law of marriage in the ethnic minorities,and bring it into the legal track,so as to integrate it with the state enactment law.It is beneficial to the legislation and judicature of ethnic minorities.The fourth chapter analyzes and compares the justifications and the customary law of marriage in the bouyei nationality,which is rational and irrational in terms of the stipulated contents.It is necessary to effectively drive out its advantages and avoid its disadvantages from all aspects,and play its role in the national legal construction.The fifth chapter mainly explores the development of fusion relationship between the buyei customary law of marriage and the "marriage law",because it protects the object consistently between the buyei customary law of marriage and the "marriage law".To learn from the corresponding assumptions from the aspects of legislation and the rule of law publicity.In addition,some of common law can be admitted to can solve the problem of ethnic minority areas of marriage disputes in a better way,so as to better play to the role of the buyei customary law of marriage,so as to better promote the process of constructing the law.