Investigation And Research On The Influence Of Zhangjiachuan Hui Marriage Customary Law On Family Trial

In building a society ruled by law from the perspective of the Chinese national community,revitalizing and utilizing the excellent ethnic customary law has important theoretical and practical significance for promoting the construction of democracy and rule of law in ethnic areas,maintaining regional stability and carrying forward the excellent traditional legal culture of ethnic minorities.Zhangjiachuan Hui Autonomous County,located in the southeast of Gansu Province,contains rich Hui marriage customary law.The special natural environment in Zhangjiachuan ensures the integrity of the inheritance of customary law,the long social history promotes the rationality of the content of customary law,and the strong ethnic traditional culture enhances the universality of the effectiveness of customary law.The content of Zhangjiachuan Hui marriage customary law includes three aspects: marriage conclusion customary law,marriage property customary law and marriage dissolution customary law,specifically involving marriage age,marriage ceremony,bride price,dowry,joint property of husband and wife,divorce,remarriage and other customary norms.Due to its rich retention,the marriage customary law of the Hui in Zhangjiachuan has had a certain impact on the local family judicial trial.It is mainly integrated into the judicial trial through the trial of family cases,judicial mediation of family disputes and other links,by means of auxiliary interpretation of legal concepts,supplementing matters not specified in the law,citing it as the judgment basis in the family trial judgment documents,and solving judicial problems,It plays a role in supplementing and assisting national law.The influence of Zhangjiachuan Hui marriage customary law on family trial has two sides.From the positive impact,it plays a great role in reducing the number of divorce proceedings,promoting the peaceful settlement of family disputes,and promoting the fairness and transparency of justice.However,on the other hand,the low age of marriage caused a large number of invalid marriages,ritual marriages,which affected the fairness of the trial,"divorce" system led to the difficulty of case execution,and the waiting for marriage system infringed on the rights and interests of the parties,which also had a certain negative impact on the family trial.Only by guiding the positive influence and eliminating the negative effect can we correctly adjust the influence of Hui marriage customary law on family trial.First of all,in legislation,we should provide specific legal basis for the judicial application of customary law.Therefore,we should carry out research and compilation of customary law,provide operable rules by means of implementation rules,and provide basis by means of legislative interpretation and judicial interpretation.Secondly,we should promote the construction of judicial characteristics in ethnic areas.To this end,we should appropriately consider the ethnic customary law in the administration of justice,establish a team of family mediators with ethnic characteristics,and strengthen the judicial service of the court to the poor Hui people.Thirdly,we should improve the rural legal service system.Therefore,we should strengthen the construction of people’s mediation system dominated by non-governmental authorities and improve the efficiency of village legal advisers.Finally,we should strengthen the legalization of customary law.Therefore,we should strengthen the cultivation of legal awareness in ethnic minority areas,make use of local characteristic cultural resources to publicize law popularization,and strengthen the responsibility system of "who enforces the law,who popularizes the law".