Xibe marriage customs, why can t the Xibe get divorced?

XibeI can get a divorce. Although divorce is rare among the Xibe people, it is not because the law does not allow divorce, but because it is influenced by customs. The law stipulates the freedom to marry, which means the freedom to marry and the freedom to divorce, and there is no situation where divorce cannot be granted because of ethnic differences.

Break a marriageIt refers to the legal act of dissolving the marriage relationship and terminating the rights and obligations between the husband and wife through agreement or litigation.

According to the provisions of China's Civil Code, if the relationship has indeed broken down, the attitude is resolute, and the mediation is ineffective, the bank should be granted a divorce. "The relationship between husband and wife has indeed broken down" is a legal condition for a divorce. Dissolution of marriage refers specifically to the dissolution of the relationship between husband and wife through legal procedures.

The Civil Code of the People's Republic of China came from January 1, 2021.

The implementation of the cooling-off period system for divorce was implemented in the Zen code of the civil law.

The provisions of the Ministry of Civil Affairs on the marriage registration procedure are adjusted in the divorce procedure.

A cooling-off period is added. The newly adjusted divorce registration procedures include application, acceptance, cooling-off period, examination, registration (issuance), etc.

Legal analysis: Divorce is possible, but according to ethnic customs, due to the low social status of women, women do not have the right to request divorce, and husbands can arbitrarily propose to "divorce their wives".

Legal basis: Civil Code of the People's Republic of China

Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration at the marriage registration authority in person. The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the opinions reached through consultation on matters such as child support, property, and the handling of debts.

Article 1077:Within 30 days of the date on which the marriage registration authority receives the application for divorce registration, if either party is unwilling to divorce, he or she may withdraw the application for divorce registration from the marriage registration authority. Within 30 days after the expiration of the period provided for in the preceding paragraph, both parties shall apply in person to the marriage registration authority for the issuance of a divorce certificate; If the application is not made, it shall be deemed that the application for divorce registration has been withdrawn.

Article 1078:Where the marriage registration authorities ascertain that the parties have indeed divorced voluntarily and have reached a consensus on matters such as child support, property, and debt disposition, they shall register and issue a divorce certificate.

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court. People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted. In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation with another person;

2) Committing domestic violence or abusing or abandoning family members;

3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted. Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

Article 1081 The spouse of a serviceman on active duty who requests a divorce shall obtain the consent of the serviceman, except where one of the servicemen has major faults.

Article 1082:During pregnancy, within one year after childbirth, or within six months of terminating pregnancy, the man must not propose to divorce or marry; However, this is not the case where the woman files for divorce or the people's court finds it truly necessary to accept the husband's request for divorce.

The Xibe people are an ancient ethnic group with a long history among the ethnic minorities in China, and have the traditional virtues of paying attention to etiquette, respecting the old and loving the young, being hospitable, and advocating cleanliness. In daily life, the younger generation responds kindly to the elders, and when they reunite after a long absence, they must perform a thousand salutes, and they must kneel and kowtow on major festivals, weddings and funerals. When hunting, regardless of the amount of game hunted, all participants are equally divided, even if passers-by come across a share of the prey.

The Xibe people basically maintain a typical patriarchal marriage form of monogamy and women living with their husbands. The funeral of the Xibe people has a lot of exquisiteness, in the past, cremation was carried out early, and later it was changed to burial.

There are also some taboos among the Xibes. For example, pants, shoes, socks, etc. taken off when sleeping should not be placed in high places; You can't lie on the kang horizontally; It cannot be stepped over a coat, quilt, or pillow; When eating, you cannot sit on the threshold or stand and walk, and it is strictly forbidden to slap the table and hit the bowl; A daughter-in-law cannot dine at the same table with her father-in-law, nor can she sit together; Handing a knife to others should point the tip of the knife towards oneself, the handle of the knife towards the other party, avoid eating dog meat, and prohibit intermarriage with the same surname in the clan.

The Xibe people are an ancient ethnic group with a long history among the ethnic minorities in China. Most of the present-day Xibe people live in Liaoning Province and Qapqar Xibe Autonomous County, Huocheng and Gongliu counties in Xinjiang, and are scattered in Shenyang, Donggang, Kaiyuan, Yixian, Beizhen, Xinmin, Fengcheng, Fuyu, eastern Inner Mongolia and the Nenjiang River valley in Heilongjiang Province.

1. Diet. 1. In the past, the Xibe people had many rules that must be followed in terms of diet, such as the often eaten dough cake, when it is served, the sky and the ground, the sky must be facing up, the ground is facing down, and it is cut into four petals and placed on the side of the table.

2. When the guest visits, the daughter-in-law should come out to fill cigarettes and pour tea, if the person who pretends to smoke and pour tea is equal to the guest, the guest should stand up or bow to receive it with both hands; When the guests say goodbye, the whole family comes out and is sent to the gate.

2. Contraindications. 1. The pants, shoes, socks, etc. taken off when sleeping should not be placed in a high place; You can't lie on the kang horizontally; It cannot be stepped over a coat, quilt, or pillow;

2. Do not sit on the threshold or stand and walk when eating, and it is strictly forbidden to slap the table and hit the bowl.

3. The daughter-in-law cannot eat at the same table with her father-in-law, nor can she sit together.

4. Hand a knife to others to point the tip of the knife towards oneself and the handle of the knife to the other party, avoid eating dog meat, and prohibit intermarriage with the same surname in the clan.