Kazakh Customary Civil Law Conflicts With The National Written Laws

Minority Customary law is an important branch of customary law, customary law is inseparable from the study of minority customary law. So far, the minority within the minority members of the customary law still has some influence. Research minority customary law, contribute to a better understanding of the legal thinking of all ethnic groups, to avoid conflicts of law and minority countries to develop customary law too sharp so that the state statute should lose authority in minority areas. Therefore, the study of the minority customary law, the rule of law for safeguarding national unity has profound significance.As one of the oldest Kazakh nomads in northwest China, has a unique national customary law. This paper describes the historical background of the formation of the Kazakh customary law as the foundation, analyzes the Kazakh customary law in the civil part, to the institution of marriage and inheritance system for inspection center, analysis of social values and legal property behind the Kazakh customary law and its conduct and comparative study of existing law. In comparing the two at the same time, analyze the reasons for ethnic customary law in conflict with the existing law, and conflict resolution mechanisms are given. This paper discusses the making when, in addition to the use of jurisprudence, knowledge of civil law, but also take advantage of the research methods of history, folklore, comparative law, access to existing information and legal foreign history books, trying to maximize the reduction as Kazakhstan the specific content of the important family of customary law origins of the ancient Kazakh Khanate Code. Meanwhile, in order to understand the status of Kazakh customary law, combined with the existing literature, and in-depth Kazakh Altay region inhabited site visits, customary law on marriage and inheritance Kazakh customary law a deeper understanding and a more intuitive understanding.