A Study On The Conflict Of Marriage System Between National Law And Miao Customary Law In Southeast Guizhou

The nation is the soul and blood of a country.The reproduction of an ethnic group depends on marriage,so the order related to marriage also have its own specific regulations in each ethnic group.The marriage system peculiar to each ethnic group is a unique cultural identity of the nation and a concentrated expression of the ethnic spirit.The Miao and Dong Autonomous Prefecture in southeastern Guizhou Province is the most concentrated area of the Miao.The Miao people thrive on this land,make important contributions to the development of southeast Guizhou.The Miao area is remote and closed,the conclusion of marriage can not only reproduce race and nurture offspring,but also seek a safe and stable life,achieve economic cooperation,form a sharing mechanism,and provide necessary guarantees to the development of the local society.Before the implementation of the national law in this area,the Miao people used the customary law to link social responsibility,rights and obligations with the parties to the marriage.Various customary law systems including customary marriage law in Miao customary law.The most important feature of the marriage system of the Miao is mainly reflected in its marriage system.The Miao people rely on such a unique system of customary marriage law to maintain their ethnic order in an orderly manner.Among which the provisions on the conclusion of marriage still have a far-reaching impact on the Miao people.Based on the investigation of a large number of previous judicial documents in the Miao and Dong Autonomous Prefecture in southeastern Guizhou,the author knows that there is a judicial phenomenon which is different from the Han in this area.One of the main causes of marriage disputes among the Miao people is that most of them enter into marriage under the influence of customary marriage law.As there is a certain conflict between the marriage provisions of the Miao customary law and the current law of our country,it leads to all kinds of problems.However,with the increasing improvement of our national legal system,many problems arising from the Miao people continuing to enter into marriage in accordance with the traditional marriage customary law in southeastern Guizhou have not been solved in judicial practice.The kind of disputes caused by conflict are called conflict problems.The conclusion of marriage is a beginning of a marriage and family relationship.If we do not pay attention to the problem when there is a conflict at the beginning of a marriage and family relationship,and if we do not pay attention to the problem,it will affect the interests of both sides,and the stability and development of the society,so we should pay more attention to it.The content of the article will be divided into three parts:In the first part,based on the previous investigation,three typical cases with universality are selected from a large number of cases.This paper gives a brief introduction to the three cases and refines the main focus of the common conflict--the conflict between the This paper sums up the three main types of conflicts arising from the Miao people’s marriage accordance the Miao customary law based on this conflict in the judicial practice of southeastern Guizhou,called the marriage property problem,the invalid marriage problem and the cohabitation relationship problem.The second part makes a jurisprudential analysis of the above three types of cases.From the point of view of the common conflicts,to explains the three conflicts from the perspectives of national law and Miao marriage customary law.After that,to discuss how the conflicts in specific problems manifest.In the third part,through the analysis and study of the case,it can be analyzed that the main cause of this conflict is the contradiction between the universality of national law and the local nature of Miao marriage customary law from three aspects of this contradiction.In order to find a solutions of the conflict.