Conflict And Adjustment Of Yi Marriage And Family Habit And National Law

Located in the southwest of the southern basin of Erhai Lake, Weishan Yi and Hui Autonomous County, which is also referred Weishan County, has six main ethnic groups, including the Han, Yi, Hui, Bai, Miao, Lisu and so on. Among them, Yi, a total of 106,000 people, accounts for 34.1% of the total population of Weishan, and are the indigenous people of Weishan. A large part of the Yi people now living in WeiShan county are offsprings of the Nanzhao kingdom which once had a brilliant history. In the process of historical development, the enrichment and evolution of their family customs of marriage play an important role for mediating the relationship of marriage and family. At present, researches on family marriage customs are more concentrated on the Liangshan Yi autonomous prefecture in Sichuan Province. However, as the unique historical position, the researches about Weishan Yi’s family customs of marriage are of great significance both for the marriages and family systems across the country as well as the harmony and stability of frontier ethnic groups.In this article, I will choose the family and marriage customs as a starting point. On the basis of the researches and understanding of several towns of Yi settlements of Weishan, I will summarize some of the customs of marriage and family about Weishan Yi region which is still maintained nowadays. By comparing and summarizing, I will try to find out its conflicts and contradictions between maintaining local marriage and family relations and making The Constitutional Law. Finally, I try to propose some concrete methods for adjustment of their relationship with the rule of laws and respect for Yi marriage and family customs. During the research process of this article, I will use the methods of literature analysis, social research, historical analysis, comparative analysis and integrate the research information obtained in research within the article.This article, including introduction part, is totally divided into five parts. The first introduction part introduces the historical background and significance, the current domestic and international research status on the issue, the principal problems of this article, and a simple statment of a few basic concepts relating to the text. The first chapter of this paper is mainly on a relative brief and general overview of the situation of human and geography of Weishan County and summrize the main existing marriage and family habits of Weishan Yi, such as early marriage customs, the parents arranging marriage and the current situation of unequal status of men and women in the marriage. This part will be regarded as the basis of the second part which will state the conflictions with the laws. In addition, this section also describes the authority of the running of Yi marriage and family customs, that is the sources of the laws, such as taboo, primitive religion and ethics. The second chapter of this article will discuss the specific conflict between Yi marriage and family customs and the state laws and highlight the outstanding contradictions of state law, combining with the first part. In the third chapter, the author will recommendate several suggestions on the basis of contradictions, including the compilation of "good morals", the abandon of "vulgar" and the establishment of the bridge the of communication between state law and customary law, the construction mechanisms of resolving civil disputes, the improvement of local legislation and the simple instruction of the necessity about the adjustment of the relationship and obeyed principles during the process between the two laws. The last section of the article is a summary of major significance to construct mechanisms for adjustment of national law and customary law on conflict of social governance, laws and rules development and social progress.Through comparative study of national laws and Yi marriage and family customs, I will obtaine the conclusion that both contradictory and coincidence exist between them. And by the principle of adaptation, necessity and specific methods, this article will be sublimated.