我國少數(shù)民族婚姻習俗與現(xiàn)代法的沖突與調(diào)適
發(fā)布時間：2018-07-21 21:18
【摘要】：回族婚姻習慣法是穆斯林教義與中國傳統(tǒng)婚姻習俗在長期相互影響,相互吸收、相互融合的過程中形成的。它包含了宗教、道德、政治、經(jīng)濟,文化各個方面,它長期的存在于回族社會中,具有較強的生命力與活力,是回族民眾長期奉行的行為準則。在少數(shù)民族地區(qū),對于少數(shù)民族群眾而言,習慣法的說服力往往高于國家制定法,如何維護國家法的權(quán)威,同時也能兼顧習慣法的尊嚴,使得兩者相融合是非常重要的問題。國家制定法是出于社會問題的角度由統(tǒng)治階級制定的維護自身權(quán)益的法律,具有權(quán)威性與強制性的效力,它更多的是注重對社會問題的整體影響。在少數(shù)民族地區(qū),習慣法與國家制定法如何形成良好的互動,是需要我們研究的。隨著人類社會歷史的不斷演變,回族婚姻習慣法在保持本身自有特點的同時,也隨著社會的不斷進步,時代的前進發(fā)展而發(fā)生變化,它與國家制定的《婚姻法》存在共性,但也有沖突。處理好習慣法與制定法之間的關(guān)系,充分利用少數(shù)民族習慣法的價值,并注重對少數(shù)民族習慣法的改造,協(xié)調(diào)解決所存在的沖突,有利于家庭的穩(wěn)定幸福,有利于《婚姻法》在我國少數(shù)民族地區(qū)的實施,促進民族團結(jié),民族繁榮,民族發(fā)展及全社會穩(wěn)定。
[Abstract]:The customary law of Muslim marriage is formed in the process of long-term mutual influence, mutual absorption and mutual integration between Muslim doctrine and Chinese traditional marriage customs. It contains religious, moral, political, economic and cultural aspects. It has a strong vitality and vitality in the Hui society for a long time, and is the code of conduct of the Hui people for a long time. In minority areas, the persuasive power of customary law is always higher than that of national law. How to maintain the authority of national law and the dignity of customary law is a very important issue. From the angle of social problems, the state law is the law which is made by the ruling class to safeguard its own rights and interests. It has authoritative and compulsory effect, and it pays more attention to the overall influence on the social problems. In minority areas, how to form a good interaction between customary law and state law needs us to study. With the continuous evolution of the history of human society, the customary law of marriage of Hui nationality not only maintains its own characteristics, but also changes with the progress of society and the development of the times. It has a common character with the Marriage Law formulated by the state. But there are also conflicts. To properly handle the relationship between customary law and statutory law, to make full use of the value of the customary law of ethnic minorities, and to pay attention to the reform of customary law of ethnic minorities, and to coordinate the settlement of existing conflicts, is conducive to the stability and happiness of the family. It is beneficial to the implementation of the Marriage Law in minority areas of China, and to the promotion of national unity, national prosperity, national development and social stability.
【學位授予單位】：甘肅政法學院
【學位級別】：碩士
【學位授予年份】：2014
【分類號】：D923.9
本文編號：2136888
[Abstract]:The customary law of Muslim marriage is formed in the process of long-term mutual influence, mutual absorption and mutual integration between Muslim doctrine and Chinese traditional marriage customs. It contains religious, moral, political, economic and cultural aspects. It has a strong vitality and vitality in the Hui society for a long time, and is the code of conduct of the Hui people for a long time. In minority areas, the persuasive power of customary law is always higher than that of national law. How to maintain the authority of national law and the dignity of customary law is a very important issue. From the angle of social problems, the state law is the law which is made by the ruling class to safeguard its own rights and interests. It has authoritative and compulsory effect, and it pays more attention to the overall influence on the social problems. In minority areas, how to form a good interaction between customary law and state law needs us to study. With the continuous evolution of the history of human society, the customary law of marriage of Hui nationality not only maintains its own characteristics, but also changes with the progress of society and the development of the times. It has a common character with the Marriage Law formulated by the state. But there are also conflicts. To properly handle the relationship between customary law and statutory law, to make full use of the value of the customary law of ethnic minorities, and to pay attention to the reform of customary law of ethnic minorities, and to coordinate the settlement of existing conflicts, is conducive to the stability and happiness of the family. It is beneficial to the implementation of the Marriage Law in minority areas of China, and to the promotion of national unity, national prosperity, national development and social stability.
【學位授予單位】：甘肅政法學院
【學位級別】：碩士
【學位授予年份】：2014
【分類號】：D923.9
【參考文獻】
相關(guān)期刊論文 前4條
1 石伶亞;論國家制定法與民族習慣法的沖突與融合——西部鄉(xiāng)村少數(shù)民族婚姻現(xiàn)象透視[J];貴州警官職業(yè)學院學報;2002年06期
2 龍慶;少數(shù)民族的婚姻特點及法律思考[J];貴州民族學院學報(哲學社會科學版);2000年S2期
3 馬海云;劉婷;;論回族婚姻家庭習慣法與國家法的調(diào)適——以云南巍山回輝登村為例[J];回族研究;2009年01期
4 田成有,阮鳳斌;中國農(nóng)村習慣法初探[J];民俗研究;1994年04期
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