Research On The Customary Law Of Xinjiang Uyghur Marriage

Xinjiang is an inseparable part of Chinese territory.The ethnic groups in Xinjiang are family members of the Chinese nation.The Uyghur living in this vast and rich land have created a splendid and time-honored culture along with other ethnic groups of the Chinese nation.Constrained by special geographical environment,culture and history,production mode,and religious beliefs,the Uyghur marriage customary law is rich and diverse in content,and unique and charming in form,displaying distinct religious,compulsory,authoritative and regional characteristics,which add a brilliant color to the marriage customary law of China's ethnic minorities.Based on a field survey of Village X in Bazhou Prefecture,Xinjiang,the author found that with the development of rural economy and society and the implementation of the legal system construction,the traditional marriage customary law of Uyghur has also changed.In the process of change,on one hand,some parts of the traditional marriage customary law have played a role in Chinese law compilation,showing an increasingly complementary characteristic.On the other hand,other vulgar and stale parts are in violation of the spirit of the Chinese law,thereby facing a situation of being gradually phased out.Based on the dynamic space of Xinjiang Uyghur marriage customary law,the author investigates and probes into the historical background of the marriage customary law and causes for its emergence,and studies and summarizes the contemporary changes and causes of the marriage customary law.Then the author analyzes the current situation of the legalization for the marriage customary law and the perfection channel in the hope of the survey can quicken the legal construction of Xinjiang Uyghur Autonomous Region and improve the legal awareness of the public.Apart from the abstract and conclusion,this paper is divided into five parts.Part One is an introduction.It mainly deals with the research objective and significance,literature review,research methods and innovation.The author collected a large amount of information and sorted it out to fully understand relevant researches conducted by domestic and foreign scholars,and gain a relatively comprehensive understanding of the marriage customary law of Uyghur.Part Two is an overview.It mainly includes the definition of the concepts of customary law and Xinjiang Uyghur customary law.The author gives his own understanding of the customary law with reference to the definitions of the customary law given by different scholars.Next,starting from the development history of Uyghur,the author discusses the concept of Uyghur customary law,analyzes its main factors for its emergence and comprehensively summarizes its main characteristics.Finally,the author discusses the emergence and development of Uyghur marriage customary law and analyzes its value.Part Three is the content of traditional marriage customary law of Xinjiang Uyghur.This part covers the customary law for marriage,marriage procedure,marriage taboo,divorce,the remarriage and cohabitation after marriage.The author makes a detailed introduction to the background,main content and name of each marriage customary law,laying a solid foundation for further analysis and discussion of Uyghur marriage customary law in the following part.Part Four is the contemporary change in the marriage custom law in Village X.This part focuses on the contemporary changes in the traditional marriage customary law in Village X and major causes for such changes.The author thinks that the implementation of the national law,improvement in economic development level,and education and teaching level,and increase in cultural exchange have led to the gradual disappearance of the backward traditional marriage customary law and the formation of the distinctive marriage customary law in conformity with the requirements of the times.Part Five is about the adjustment of marriage customary law to the national law.This part expounds the status quo,existing problems and future improvement methods of the legal construction of the marriage customary law in Village X.From the aspects of legislation,justice,law enforcement and law-abiding,the author analyzes the current situation of the legal construction of marriage customary law in Village X and the problems existing in the above aspects.Finally,the author puts forward some suggestions for handling the problems on the road to the realization of socialist legal construction.