A Study On The Ethnic Characteristics Of The Legal System Of Marriage And Family In Xixia

The so-called ethnic characteristics refers to the relatively stable and long-lasting characteristics in the aspects of the ethnic production and life style,social customs and habits,as well as the identity of ethnic values,which are different from and exclusive of other different ethnic groups in different external environments.Xixia code is a code with obvious ethnic characteristics,especially in its legal system of marriage and family.The Dangxiang experienced a tortuous development process from its emergence to its establishment.In the primitive tribal period,the Dangxiang had no fixed place and people’s life was based on the primitive customs.After the internal migration,the Dangxiang began to contact with the Han,and the nomadic production mode and the agricultural production mode coexisted.After the establishment of the state in the Western Xia Dynasty,the rulers admired the Central Plains culture,in order to maintain the politics Rule,actively codify.As a result,the Xixia code is obviously influenced by the Confucian legal culture as a whole.In part,some laws in the Xixia code are the reservation of the original habits of the Dangxiang,such as the protection of women’s remarriage rights,the protection of property rights of children born out of wedlock,etc.The marriage and family legal system of Xixia not only has the conservative and introverted of farming civilization,but also has the open and free of nomadic people.Its ethnic characteristics can be roughly summarized as Qiang is the main and Han as the auxiliary.In addition,the ethnic characteristics of Xixia marriage and family legal system also reveals the great significance of Xixia law to the Chinese legal system.It is not only the enrichment of the Chinese legal system,but also the inheritance of the Chinese legal system.What is rich is the ethnic cultural awareness and composition of the Chinese legal system,and what is inherited is the Confucian legal thought and the family standard thought.All of these legal cultural achievements provide continuous vitality for the development of the Chinese legal system and are an integral part of the Chinese legal system.