Discussion On The Conflict And Adjustment Between The Marriage Customary Law Of Hainan Li Nationality And The "Marriage Law" Of Our Country

Marriage and family relations are the most extensive and universal social relations in human society.The Marriage Law of China and its judicial interpretation have made our marriage system more equal and free,the breadth and depth of married freedom have been further expanded.The traditional concept of backward marriage,such as arranged,mercenary marriage,which gradually withdrew from the stage of history.Marriage has gradually broken down the constraints of economic conditions,democracy,civilization and health will become the dominant concept in today's family,no matter family life quality or mental life,it will be further improved and improved.However,the customary law still plays a significant role in today's Li minority area of Hainan.Though with the development of society and the progress of the times,the marriage custom law of Li minority in Hainan is also experiencing various changes and developments.Under the requirements of socialist rule of law in the new era,state law has been strongly promoted to the Li minority area of Hainan,but it has not received the desired result.Especially in areas where the cultural value orientation of customary law is contrary to the cultural value orientation of national law,the customary law and the national law have produced a serious conflict,which brings obstacles to the effective implementation of Marriage Law and the construction of ethnic areas.Therefore,from the perspective of the marriage custom law of Li minority in Hainan,this paper studies the conflict and adjustment path between China's Marriage Law and the marriage law of Li minority.By analyzing the conflict between the marriage law of Li minority in Hainan and China's Marriage Law,to think about how to coordinate the relationship between the marriage law of the Li minority in Hainan and the current China's Marriage Law,and how to meet the requirement the unity of state law and retain the independent and reasonable inheritance of the marriage custom law of Li minority in Hainan.Under this premise,we hope to find ways to merge,in order to protect human rights and achieve equality in the marriage and family relations of Li minority area in Hainan.The aim is to gradually realize a status of the rule of law,which is to realize the mainstream of the Marriage Law,supplemented by the marriage custom law in Li minority area.This paper is divided into three parts around the basic theory,the proposition of problem and the solution of the problem.The basic contents are as follows:The first part is an overview.This part introduces the specific customs and practices of marriage and family life in the marriage custom law in Li minority area.Nowadays,in the Li minority area of Hainan,the relationship between the state law and the traditional customary law of Li minority is well coordinated,which plays a decisive role in the realization of the ideal rule of law in the Li minority area of Hainan.The second part is the conflict between the marriage law of Li minority in Hainan and the Marriage Law.This paper expounds the conflicts between them in detail,and points out the reasons and the problems brought by those conflicts,and further expounds its influence on Li nationality.The third part focuses on the path to the adjustment of the two.This part first analyzes the necessity of adjustment,then puts forward the specific adjustment path.