A Study On The Transitions Of The Legal System Of Marriage And Family Of Ethnic Groups In The Nationalization Process ——A Case In The Southwest Of The Yuan,Ming And Qing Dynasties

Marriage and family is the basic and original social unit of human society,since the beginning of human society,the regulation of marriage and family system is the main source of human legal norms.Marriage is the basis of human relations,the family is built on the basis of marriage and social organization,marriage and family relations is the basis of social relations,as long as there is a rule to adjust the society,marriage and family are subject to the rules of the constraints.Adjust the norms of marriage and family more content,there are not only the national level,but also a lot of folk levels,such as taboo,habits,habits,conventions and so on.After the country appears,the marriage and family system has been regarded as an important area of national law regulation.Ancient China since the Western Zhou Dynasty,"Zhou" in a detailed wedding,after the court have the marriage and family and inheritance system legislation as an important content.Ancient Chinese marriage family rules were characterized by a positive order for the order to criminal protection for the backing.Southwest ethnic minorities before the Yuan Dynasty were away from the national political center,in the relatively independent development of the formation of a unique culture and system,including the marriage and family legal system.Since the beginning of the Yuan Dynasty,Yunnan Province,the majority of the southwest ethnic minorities into the direct rule,the southwest ethnic minorities and the Central Plains to further blend of Chinese and French,and gradually showing the integration trend.In this trend,the central government for the southwest minority marriage system gradually change the "vulgar etiquette,self-esteem" laissez-faire measures to take effective measures to implement the national law in the unified marriage family law.In the Yuan Dynasty in the southwest region began to apply the national law,but because the state for the rule of the basic principles of the basic legal system is "according to the law",the southwest ethnic minorities traditional marriage and family law still constitutes the main body of their law,With the deepening of state governance,the state has more influence on the marriage system of ethnic minority ethnic groups in southwest China,among which the implementation of patriarchal system and Confucian rituals in the Central Plains of Han Dynasty have become the support of ethnic minorities' marriage reconstruction.Marriage and family inheritance system embodies a national traditional culture is the deepest,but also the most able to maintain the history and culture of the ethnic group,Yuan Ming and Qing Dynasties,although a large number of ethnic minorities under the national law of the Central Plains Chinese law,but the ethnic minorities inherent marriage and family law still exists.The game of the Central American Han Dynasty and the inherent law of the ethnic minorities in the national law constitute the basic characteristics of the marriage and family changes of the ethnic minorities in the southwest of this period.Because of the differences in the location,culture and economic development of the ethnic minorities in the southwest,the changes in the marriage and family laws of the ethnic minorities in the Yuan,Ming and Qing Dynasties reflect the characteristics of ethnicity and regionalism,so that the marriage and family law of the southwest ethnic minorities Diversity and convergence.The main purpose of this paper is to analyze the legal system of the government officials at the central level and the reform of the internal changes of ethnic groups at the level of the legal system of the ethnic groups in the Yuan,Ming and Qing dynasties.How is the mutual influence and mutual promotion Leading to the entire southwest ethnic groups marriage and family legal system to achieve change,showing multiple integration under the development.To this end,this article is divided into the following questions to examine:Introduction,the first is the background of this topic,the object of study,the study period,the study area of the reasons for the selection.Secondly,it explains the literature used in the research,and explains the role and status of different historical materials in this paper.Thirdly,the research status quo of the research object is reviewed,and the achievements and shortcomings of the research field related to the subject are pointed out,such as the history of the ethnic legal system,the chieftain system,the ethnic customary law,the inheritance system of the marriage and family of the southwest ethnic groups,the research results of ethnology The Finally,the topic of value and research significance,research methods and research approach,topics difficult and innovative points to explain.The first chapter is the background of the legal system change of marriage and family of ethnic groups in southwest China during the Yuan,Ming and Qing Dynasties.This chapter mainly explains the political background of the legal system change of marriage and family of ethnic groups in southwest China during the Yuan,Ming and Qing Dynasties.Politics in the Yuan Dynasty when the country to the southwest into the provinces and the establishment of the Ministry of Tusi soil officials have a revolutionary impact;the Ming Dynasty line set up and the soil of the toast system,the Qing Dynasty to change the soil and so on constitute the southwest ethnic minority marriage family The political impetus of legal change.In order to present the process of the inheritance law of marriage and family of ethnic groups in southwest China,some experts have described and summarized the legal system of marriage and family before the Song Dynasty and the southwest ethnic groups in this chapter.In order to compare the convenience,the basic elements of the legal system of marriage and family inheritance in the traditional law of the Central Plains in the Yuan,Ming and Qing dynasties were described.The second chapter "Yuan,Ming and Qing Dynasties southwest ethnic groups inherent marriage and family system".In this chapter,through the collection and collation of various historical materials,this paper makes a detailed study on the legal system of the marriage system of the ethnic groups in southwest China during the Yuan,Ming and Qing Dynasties.The legal system of marriage,family and inheritance of ethnic groups in southwest China has been sorted out in detail.According to the nature and characteristics of the marriage law of the ethnic groups in southwest China during this period,it is divided into two different parts of customary law and feudal law.The third chapter "in the Ming and Qing Dynasties national law in the southwest minority marriage and family in the promotion and application." This chapter examines the legal measures of the legal system of the marriage system of ethnic groups in the Yuan,Ming and Qing dynasties from the three aspects: first,the implementation of Confucianism in the southwest minority areas in the Ming and Qing Dynasties,the Confucian traditional marriage and family system The patriarchal system and the ethical values of the tradition;national law in the Central Plains of the propaganda and implementation of the law.Second,the country for the southwestern ethnic groups to create a special law,specifically: the central authorities for the development of special laws for ethnic minority areas;local government officials,such as the provincial government and other local officials to develop local laws and regulations;Law to develop the various laws and regulations.Thirdly,the application of the national law of the Southwest Minority ethnic groups to the application of the Marriage and Family Law of the Central Plains in the Central Plains,such as the speeding up and expansion of the jurisdiction of the Southwest Minority Marriage and Family disputes,the application of the national law in the judicial operation,Inheritance when the national law is fully applicable.Through the above comprehensive analysis of this period of the country in the southwest minority marriage and family law how to implement the Central Plains law.The fourth chapter " the ethnic groups in the southwest transplanting the the marriage and family law from state law During the Yuan,Ming and Qing Dynasties ".This chapter analyzes how the legal system of marriage and family of ethnic groups in southwest China in the Yuan,Ming and Qing dynasties changed their laws through internal legislation and practice activities in various ethnic groups.The first section analyzes how the southwestern ethnic groups from the system level to carry out the relevant legal system transplant,specifically divided into: First,minority groups through the integration of national law reform of the inherent legal system,the state advocates marriage family ethics,legal system Content into their own traditional protocol development,such as section about,Shipai,Zhang and other rural regulations about the people.Second,the ethnic minorities in the southwest of the official return home officials,Tusi family,ethnic groups tribal family in the development of family rules,repair genealogy by absorbing Confucian marriage and family ethics and code of conduct,to achieve the Central Plains in the marriage system in the law,Value,ritual absorption.This is the southwest minority endogenous initiative to the Central Plains Confucianism under the guidance of national law,value ethics and so close.The second section is the application of Chinese and French in the practice of marriage and family of ethnic groups in southwest China,including the application of Chinese law in dispute settlement,and the application of Chinese law in daily affairs of marriage and family.Chapter 5 "The performance and characteristics of the legal system transitions of the marriage and family of the ethnic groups in southwest China during the Yuan,Ming and Qing Dynasties".The first section is the concrete manifestation of the change,including the changes of the marriage and family system of ethnic groups,and the change of dispute settlement.The second part is the characteristic of change,and analyzes how the legal system of marriage and family in the southwest ethnic minority in Yuan,Ming and Qing dynasties is reflected in the state regulation and the active learning of ethnic groups.The change of this period is characterized by the implementation of national and folk And the progress of legislation,judicial and propaganda constitute the characteristics of the implementation of national law;change in the convergence of the difference;change reflects the ethnic,regional and cultural.Finally,the conclusion and inspiration.It is to summarize and prospect the shortcomings of the research and the future research direction.