Study On The Engagement System In The Shanxi Gansu Ningxia Border Region

The Shanxi Gansu Ningxia border region is at the special stage of the national war and social revolution intertwined and the old and new concepts coexist and collide.It is the center of the national revolutionary base area.After the establishment of the border government,we put forth efforts to reform the marriage system,formulate and promulgate a series of laws and regulations,establish a free and civilized marriage concept,completely remould the traditional marriage customs,parents for their children to conclude marriage,early marriage,and marriage on the property,which can reflect its essential characteristics.As the economic structure of small farmers in the border area has not changed fundamentally,the reform of marriage system in the period of war is also difficult to be leisurely,which leads to the conflict between the marriage legislation and traditional marriage customs in the border area.How does the border government coordinate and balance the conflict between the two parties,how to solve the complicated marriage disputes through the case of judicial precedent,and realize the positive interaction between the two,is an urgent problem to be solved by the border government.At present,the codification of the marriage and family editor of the civil code is also faced with the conflict between the marriage legislation and the traditional customs.The study of the theory and practice of the marriage system in the border area is undoubtedly of great significance to the present marriage legislation and judicial practice in China.This study includes five chapters.The first chapter is the basic theory of the marriage system.First of all,from the basic theoretical level of modern law,the concept of the concept of the marriage contract system is grasped as a whole,to establish a solid theoretical basis for the next study of the border area marriage system.The second chapter is about the historical origin of the engagement system in Shaanxi Gansu Ningxia border region.From a historical perspective,the profound changes in the nature,content and effectiveness of the ancient and modern marriage system in China are reviewed,and the basic contents of the marriage system in the Soviet area are summarized,and the historical inheritance and change of the marriage system in China are fully understood and understood.The third chapter is of the Shanxi Gansu Ningxia border region marriage legislation.This is the focus of this study,pointing out that the origin of the border area marriage legislation is mainly the marriage regulations,introducing the specific contents of several marriage regulations,analyzing the customs and the conflict between the marriage legislation and the marriage convention highlighted in the process of the reform of the border area marriage system,and exploring the real reasons behind the conflict.The fourth chapter is about the judicial practice of the engagement system in the Shanxi Gansu Ningxia border region.This is the key point of this study.From different sides,select the typical cases of the border area marriage dispute,summarize the principles and rules of the border district judiciary to deal with the marriage dispute,explore the way of the judicial organ to coordinate the conflict between marriage legislation and marriage convention,and effectively promote the realization of the principle of marriage freedom.The fifth chapter is about the engagement system in Shanxi Gansu Ningxia border region,which is a reference for China's current marriage legislation.This is the core of this study.Through the analysis of the present situation of the marriage legislation in China and the existing problems in the judicial practice,It is pointed out that under the background of the characteristics of the border area marriage,discussing codification of marriage and family editor in the current civil code of China,it also faces the conflict and adjustment between the marriage legislation and the common customs of the people,and summarizes the theory and practice of the marriage system in the border area,which is a reference for our current marriage legislation and judicature.