The Conflict And Adjustment Between The Property Customary Law And The State Law Of The Yi Couple ——Take Mabian Yi Autonomous County As An Example

Mabian county belongs to Xiaoliangshan,and this tradition still has far-reaching influence in Mabian county.Although the legal system of marital property relationship has been formulated by the state for more than ten years,the tradition of using customary law in Yi area has not changed.Yi customary law continues to maintain its tenacious vitality in Yi community with rich dispute settlement cases and applications.Its content is appropriate to Yi community,marriage and family and social communication,and provides ideas and models for the legislation and justice of local paradigm.Through the excavation of the excellent content and culture of the rule of law,as well as the rich spirit of modern law,it has a good reference significance for national legislation,judicial law enforcement,social morality and ethnic autonomy,promotes the continuous improvement of national governance system and governance ability,and effectively promotes the new situation of ethnic rule of law construction.This paper discusses from five aspects.The first chapter mainly reviews the research background,research significance and research status quo of this paper,and studies the content of customary law of property relationship between Yi couples in Mabian County by means of interview,field investigation,literature review and case analysis.The second chapter discusses the overview of the customary law of property relationship between husband and wife in Mabian Yi Autonomous County,and points out that under the joint action of geography and humanities,the foundation of customary law and historical development,the protection of husband’s property rights has become the focus of wife’s property rights;The third chapter focuses on the necessity of the adjustment between the customary law and the state law of the Yi People’s marital property relationship in Mabian county.It points out that there are three kinds of relations between the customary law and the state law,which are independent,antagonistic and interdependent.We can solve the conflicts through the study of the existing conflict relations and the diversification of the local paradigm law and dispute resolution mechanism into the dependency relations.The fourth chapter focuses on the conflict between the customary law and the state law of the property relationship between the Yi people in Mabian county.It expounds the conflict in the property,debt,support,inheritance and dispute resolution mechanism of the property relationship between the Yi people and analyzes that the reason for the conflict is caused by the different economic basis,value pursuit and operation mechanism,Actively seek solutions to conflicts;The fifth chapter comments on the conflict between the customary law and the state law of the property relationship of the Yi people in Mabian County,which can be adjusted by improving the legislative mechanism,improving the judicial application,strengthening the publicity of the rule of law and developing a diversified dispute resolution mechanism;The last chapter summarizes and looks forward to the customary law of property relationship of Yi people in Mabian county.