Conflict And Integration Between Local Marriage Customs And National Laws

Marriage and family relationship is a social relationship that is both basic and indispensable in human society.With the successive promulgation of the Marriage Law,the Civil Code and other laws and the related judicial interpretations,the marriage system in China has tended to be more equal and free.The traditional form of feudal marriage is gradually disappearing from the arena of marriage law.The Diqing Tibetan Autonomous Prefecture is located in the northwestern part of Yunnan Province,and the special geographical environment and human factors have given rise to its unique marriage customs in this region.On the whole,like other regions in China,the marriage customs of the Diqing Tibetans are changing with the development of society.However,in some areas where the economic and cultural development is relatively backward,the strong.im plementation of the state law has not achieved the desired effect,and some ethnic customs of the Tibetans still play a very important role.This paper takes the marriage customs of the Diqing Tibetan people as the perspective of research,analyzes the conflicting relationship between them and the current enacted law in China,considers how to harmonize the relationship between the current enacted law and the marriage customs of the Diqing Tibetan people,and on this basis,looks for the path of their integration,in order to achieve the goal of"enacted law as the mainstream,Diqing Tibetan marriage customs as a supplement The goal of the rule of law is to "mainstream the enacted law and complement the Diqing Tibetan marriage customs".This paper is based on the idea of "basic theory-problem formulation-problem analysis-problem solving".It is divided into the following four parts:The first part is the basic theory part.This part firstly introduces the emergence and historical development of the marriage customs of the Tibetan people in Diqing,and on this basis,introduces the specific customs in marriage life from three perspectives:"the conclusion of marriage","the form of marriage" and "the dissolution of marriage"."The section introduces the specific customs in marriage life from three perspectives.The second part is the analysis of the contradiction between the marriage customs of the Tibetan people in Diqing and the law enacted by the state.Based on the first part,this part continues to compare the Diqing Tibetan marriage custom and the state law from three aspects:"the conclusion of marriage","the form of marriage",and "the dissolution of marriage".The third part is the analysis of the causes of the conflict between the marriage customs of the Tibetan people in Diqing and the enactment of the law.This part is based on the conflicts identified in the second part,and analyses the specific causes of the conflicts from five perspectives:geography,social history,economic development,ethnic culture and religious beliefs.The fourth part is a section of countermeasures and suggestions to promote the integration of Tibetan marriage customs in Diqing and the enactment of laws.This part first analyzes the necessity of promoting the integration of the marriage customs of the Tibetan people in Diqing with the national enactment,and then proposes countermeasures and suggestions to promote the integration of the two on the basis of the excellent practices of other Tibetan-related regions.