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The Conflict And Coordination Between The Customary Law Of Yi Marriage And The Social Governance Of The Yi Area

Posted on:2021-01-28Degree:MasterType:Thesis
Country:ChinaCandidate:S T LuoFull Text:PDF
GTID:2436330611968595Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The Yi marriage custom law directly reflects the marriage life of the Yi people.It is a part of traditional social culture and an important embodiment of the Yi culture.In practice,in order to improve the socialist rule of law and promote the positive development of society,it is often necessary for the customary laws of the marriage of the Yi people to adapt to and complement each other.The Liangshan Yi people are a ethnic group that has stepped from a slave society to a socialist society.From before the democratic reform to today,marriage customs in Liangshan Yi District are constantly developing and changing.The customary law of the Yi people's marriage in different periods plays a very different role in the social governance of the Yi area.What we need to pay attention to is that the contradiction between traditional Yi marriage customary law and national law has not been effectively coordinated in contemporary times.In particular,in the Yi area,comparisons are prevailing in the field of marriage.Under the influence of the traditional patriarchal thinking,the “value” function of the Yi marriage,which is very rich in the characteristics of the customary law of the Yi people,has undergone a change—employment(“value”)has increased rapidly.The high "value for money" has brought many problems and negative impacts on social governance in Yi areas,hindering the economic and social development in Yi areas.In order to solve such problems,some scholars have put forward suggestions from the perspective of the formulation of separate regulations and customary laws in ethnic autonomous areas,and they are expected to adapt to the development of national law.This article is based on the social governance perspective of Yi District,and studies the customary law of Yi marriage.Based on the research of relevant literature and legal theory knowledge of Yi marriage customary law,we will collect and understand relevant cases in the Yi region,from the recognition of the value of the traditional marriage custom of the Yi ethnic group,the recognition of the customary marriage law of the Yi ethnic group to national laws and regulations,etc.It puts forward suggestions,and believes that reasonably abandoning the customary law of the Yi marriage is the key to solving the social governance problems in the Yi area.Under the framework of the national law,it effectively resolves the conflict between the customary law of the Yi people and the national law,and promotes the social development of the Yi.At the same time,give full play to the role of folk rules.On the one hand,we must face up to the value of folk rules in grassroots governance,actively adopt the advantages of folk rules,and reasonably abandon the disadvantages of feudal aging.On the other hand,it is necessary to further strengthen the legislative work of autonomous regulations in ethnic autonomous areas and increase legislative initiative.With reference to the actual situation in ethnic autonomous areas,we will formulate,modify,and supplement autonomous regulations with ethnic characteristics and operability.In addition to the introduction and conclusion,this article is composed of three chapters: "Chapter 1 Overview of the" Value of Value "of Yi Marriages.The function and variation of the "worth of value" of Yi marriage;"Chapter 2 The influence of" worth of value "of Yi marriage on social governance in Yi area",expounding the influence of "worth of value" of Yi marriage on social governance in Yi area,At the same time,it considers that the “value of money” of Yi marriage is against the concept of rule of law and has a negative impact on social governance in Yi district;The combination of reasonable content and national law promotes the coordination and complementarity of Yi's customary law and national law,so that both of them can play an active role in social governance of Yi area.
Keywords/Search Tags:Social governance, the Yi, Bride price
PDF Full Text Request
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