Research On The Transitions Of The Marriage And Family Customary Law Of The Yao In Jinxiu And Its’ Impact On The Modern Rule Of Law

The marriage and family customary law rooted in Jinxiu Yao Society has been the basic rule of the Yao’s internal groups to self-governance for a long time,which playing a pivotal role in the history of Jinxiu Yao society and possessing strong local adaptability.Nowadays,the modern transitions raise the questions of how to utilize the Yao’s marriage and family customary law to promote the process of grassroots rule of law in Jinxiu.There are many elements in the Yao’s customary laws of marriage and family have a significant impact on the modernization and juridification of the grassroots social governance of the Jinxiu which cannot be ignored.The Jinxiu Yao’s marriage and family customary laws can be divided into four stages: its origin,maturity,decline,and integration of the rule of law.The modern transitions of it is closely related to the changes in factors such as social governance authority,the legal consciousness of the masses,and the composition of social culture.It is a process in which the ethnic law continuously replaces the customary law from the aspects of consciousness,concept,content,and form,and ultimately form a modern law society.In terms of form,nowadays the Shipai law have gradually changed into a non-mandatory compliance rules like village regulations and "new Shipai laws",which compulsory compliance in traditional society of the Yao ethnic group in Jinxiu;In terms of content,the scope of intermarriage,marriage age,marriage form,divorce and digamy,inheritance,and other aspects of Jinxiu Yao’s marriage and family customary law have also been rapidly unified with ethnic law under the influence of external society.Since the 21 st century,The Jinxiu Yao’s marriage and family customary laws entered the stage of integration of the rule of law.It’s obvious that the change from form to content of Jinxiu Yao’s marriage and family customary law bring up an all-round impact on the grassroots social governance.On the positive side,the organic integration of customary law and ethnic law has made the grassroots social order in Jinxiu Yao’s region more stable,promoted the juridification of governance in ethnic areas,and provided a stronger guarantee for the Yao people to achieve their basic right.On the negative side,during the process of transitioning,it is easy to complicate dispute resolution due to the contradictions in part of the rules;At the same time,it is more difficult for customary law culture to leverage its local advantages.To change these negative influences,excavate and make reasonable use of customary law resources,it is necessary to guide and regulate correctly,on the one hand,inherit and promote the good content of the Yao’s traditional marriage and family customary law,transform and discard traditional customs that contradict with juridification.On the other hand,make good use of its outstanding elements to propagating the grassroots governance and juridification,and build a diversified resolution mechanism for resolving marriage and family disputes based on customary law.By fully utilizing the local advantages of local culture and combining modern rule of law theory with local customs,social conditions,and people’s conditions,finally explore a path that most suitable to the modern rule of law for regional development.