Changes Of Xinjiang Asir Daur Township Of Customary Law Of Marriage And Family

State law content no matter how closely, can not be the relationship of social life in every corner of the adjusting cover and contain everything, because law lag and rigidity characteristics, and the country had to take the high cost to the formulation, implementation of laws, which includes the reference and transplant the advanced national laws, in order to maintain a a reasonable social order. But in recent years, with the worsening of legal transplantation, value crisis in the west,the The climate does not suit one. litigation explosion problems such as adjusting the social relationship, the criterion formulation method, in the face of the complicated social life, seemed incapable of action, prompting more and more scholarshavejoinedtheranksofthestudyofcustomarylaw,hopingtofindtheproblemthesolutionfromthecustomarylaw.In the ethnic customary law research results, are generally carried out investigation and Discussion on all the customary law of the minority nationalities, have little systematic research on the customary law of marriage and family of the nation,especially the research on customary law of marriage and family of such number of Daur ethnic less. But the marriage as a kind of special social relation, is the basis of human sex combine to form a family relation, thus adjusting the relation of marriage and family norms to some extent can be said is to adjust social relationship normsbased.In this paper, through the study of the Daur nationality customary law of marriage and family, examine the Asir Township local Daur people for their own customary law of marriage and family attitudes, and analyzes the reasons for the change of the customary law of marriage and family, know the customary law advantage, make it better for the formulation of legal services, and the unity of legal system construction and strengthen the national area the protection of national law can eventually be in the minority areas, the full implementation of realize method. The full text is divided into six parts, as follows:In the first chapter the introduction firstly summarizes the significance of this article, an overview of domestic and foreign research present situation and review, research on dynamic analysis of the current customary law, pointed out the innovation and deficiency of this paper. The second chapter of the ethnic origin, moved westward to Xinjiang this period of history are discussed, and the situation of geography,population and ethnic interaction overview of Asir Township, laying the groundwork for the following analysis of the vicissitude reason. The third chapter gives an overview of the customary law and the Daur nationality customary law, determines the paper used by the concept of customary law. I through the analysis of the origin, development of Daur nationality customary law, the legislative basis and origin, then summarized the concept and characteristics of the Daur nationality customary law, in order to more clearly of the Daur nationality customary law of marriage and family. The fourth chapter is mainly based on literature materials respectively to the traditional marriage habits Daur method and family customary law reviews and classification. Of the Daur marriage customary law re classified and summed up, make the research content more perfect, especially in the family customary law, customary law of ethnic minority with reference to other studies, supplement the customary law of succession. The fifth chapter according to the field investigation material in Asir Daur Township status of customary law of marriage and family is described, so as to analyze the changes of the Daur nationality customary law of marriage and family. The sixth chapter from the open and inclusive humanistic environment, culture of fishing and hunting to farming and animal husbandry culture change, political and social environment evolution, interaction of cultural adaptation, national law implementation process influence five aspects of Asir Xiang customary law of marriage and family change reason. The final conclusion, Asir Daur in the township legal environment is still limited by the customary law of this nation, especially the customary law of marriage and family. In the realization of the modernization of the legal system and legal pluralism in the harmonious social advancement, examines the relationship between customary law and state law,customary law in the national law to explore changes in context, seeking the coupling between the two, so as to achieve the benign complementary customary law and national law, further recognized the customarylaw in the construction of multi in legal culture not be replaced, so as to explore a new path of more in line with the legal construction in minority areas.