The Study On The Adjustment Between The Kirgiz Marriage Customary Law And National Law

The Kirgiz is an old nation living in the northwest in China’s Xinjiang Uygur Autonomous Region.It has formed unique custom law of marriage and inheritance in its thousands of years of development.The law is carried on from generation to generation,having strong constraining force to its people.The constraining force itself means a kind of law in the nation.The old custom has permeated into the life of Kirgiz people.The law plays an important role in the nation,as a result,all their social dispute are setteled by it.Although the Marriage Law of the PRC and the Inheritance Law of the PRC have been popularized since its enactment,the marital inheritance custom law of the Kirgiz is still conflicting with the Constitution of the PRC due to its special living environment,geography and backward economy and culture.Therefore,the Constitution cannot be comprehensively practiced.Consequently,studying the balance between the Constitution and the Kirgiz’s custom law,exploring and developing the law of the Kirgiz have a great significance.The paper consists of four parts.The first part is the summary of the minority’s custom law,mainly introducing the concept,characteristics,value function and relation with the Constitution of the custom law.It lays a foundation for the research.The second part is the problem related to the marital family custom law in Kirgiz.It introduces representative contents in the marital family custom law,such as engagement,getting marriage,divorce and remarriage,pointing out that there are different levels of conflict between these articles and the Constitution.The reason refers to history and cultural background,efficiency and operation mechanisms of the Kirgiz’s custom law.The third part is the problem referring to Kirgiz’s inheritance custom law.It introduces the "Anqi" and the inheritance of the youngest son,indicating its conflict with the Constitution.The fourth part is the adjustment between the Kirgiz’s custom law of marriage and inheritance and the Constitution.The paper argued and demonstrated the necessity,feasibility and overall thought of their adjustment.The paper also said that we should give priority to the Constitution,combine the two together and follow the principles of uniformity and flexibility.The adjustment ways are teasing the custom law of the Kirgiz,playing the leading role of modern and legal culture,strength legal propaganda and enhancing the concept of rule of law and sense of identity to the Constitution of local people.