| Co-Investigator(Kenkyū-buntansha) |
SABIHAH Osman MALAYSIA UNIV, Faculty of Histry, Lecturer., 歴史学部, 講師
SUNEE Mallikamarl CHULALONGKORN UNIV, Faculty of Law, Asst-prof., 法学部, 准教授
黄 宗楽 輔仁大学, 法学部, 教授
林 秀雄 輔仁大学, 法学部, 教授
劉 隆亨 北京大学分校, 経済法研究所, 副所長
陳 明侠 中国社会科学院, 法学研究所, 研究員
劉 耀ぜん 広東民族研究所, 所長
YOKOYAMA Hiroko TOYOEIWA WOMEN'S UNIV, Fuculty of Humanities, Asst-prof., 人文学部, 助教授 (30143324)
OMURA Yasuki TYUOGAKUIN UNIV, Fuculty of Law, Asst-prof., 法学部, 助教授 (60183240)
SUWA Tetsuo GAKUSHUIN UNIV, Fuculty of Literature, Prof., 文学部, 教授 (00129222)
SAKUMOTO Naoyuki Institute of Developing Economy Economy Cooperation Inquiry Section, Vice-manage, 経済協力調査室, 副主任
KIYAMA Hideaki Kanagawa Prefectual Junior COL of Foreign Studies, Prof., 教授
NISHIMURA Kojiro OSAKA UNIV, Fuculty of Law, Prof., 法学部, 教授 (40063739)
KATO Mihoko HAKUO UNIV, Fuculty of Industrial Administration, Prof., 経営学部, 教授
OBAYASHI Taryo TOKYO WOMEN'S UNIV, Fuculty of Modern Culture, Prof., 現代文化学部, 教授 (20012263)
SAKURAI Kiyohiko WASEDA UNIV, Fuculty of Literature, Prof., 文学部, 教授 (60063195)
LIU Yaoquan Guangdong Institute of Ethnology, Manager.
CHEN Mingxia Chinese Academy of Social Sciences, Institute of Law, Research worker.
HUANG Zongle FUREN UNIV, Faculty of Law, Prof.
LIN Xiuxiog FUREN UNIV, Faculty of Law, Prof.
LIU Longheng Branch of Beijing Univ, Institute of Economic Law, Vice-manager.
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| Research Abstract |
As well known, the basic character of Asian Laws, including that of Japan, consists of modern state laws received from Western Europe and traditional customary laws. After World War II, Asian countries have gradually provided state law that have modern principles of law such as the equality of sexes and monogamy, in the sphere of family law which had ruled by religion and custom.
However, the establishment and enforcement of modern state law doesn't mean that it changes the family customs and norm consciousness of races immediately. The state law coexist with the customary law and, particularly in multiracial country, suppress the minority races.
The object of this research shall be the investigation and analysis of the relationship between state law and customary law in Asian countries.
The results are as follows :
1. The forms of the complex structure of law in Asian countries differ widely because of its historical background and diversity of race, culture, language, and religion. In the field of family law, compared with criminal law and land law, customary law is in the saddle, while the influence of state law is very little.
2. Even in the same minority in the same country, the extent of dependence on traditional customary law differs due to the courses by which the minority has been formed.
3. In the family customs of minority races, there are a lot of customary laws that are prima facie contradictory to the principles of modern family law such as polygamy and bridal price. But such premodern customs often support the equality between husband and wife.
4. Generally speaking, it is rare for state power to concern itself in family customs of minority races. But where the customs affect the interest of state, state law interfere in the customary law in various ways.
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