文章摘要
郗春嫒.在场与悬置:跨境婚姻实践逻辑与现实困境——以云南富宁田蓬镇跨境婚姻为研究个案[J].民族学刊,2020,11(5):26-35, 133-134
在场与悬置:跨境婚姻实践逻辑与现实困境——以云南富宁田蓬镇跨境婚姻为研究个案
Being Present and Pending: the Practical Logic and Actual Dilemma of Cross-Border Marriages — Taking the Cross-Border Marriages in Tianpeng Town, Funing County, Yunnan as a Case Study
  
DOI:10.3969/j.issn.1674-9391.2020.05.04
中文关键词: 跨境婚姻  非法婚姻  婚姻策略  实践逻辑
英文关键词: cross-border marriages  illegal marriage  marriage strategy  practical logic
基金项目:
作者单位
郗春嫒 云南财经大学财政与公共管理学院 
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中文摘要:
      本研究以滇越跨境婚姻为研究个案,通过实地走访边民、当事人、基层工作人员,查阅相关资料等途径,对当前跨境婚姻的特征与趋势、产生的动因、所面临的困境进行深入分析。研究发现:近年跨境婚姻呈上升趋势,跨境婚姻当事人及婚姻状态均具有“非法性”特征;边民社区跨境婚姻是历史惯习及理性选择共同作用的结果;跨境婚姻当事人及家庭面临着生存空间有限、子女成长形势严峻、社会保障难以获取等生存性困境,同时基层工作者也面临着如何规制“非法”状态带来的诸多社会问题的制度困境。如何使跨境婚姻合法化,在依法治理与保障跨境婚姻正当权益进而促进边疆稳定发展间找到平衡点是当前边疆社区治理中亟待破解的难题,其最终结果取决于这一场域中各方行动者相互博弈所采取的行动策略。
英文摘要:
      The growth of cross-border marriage is one of the major global social trends, and the continent of Asia is where this growth is the most prominent. With the advance and deepening of the Belt and Road initiative, the frequency of interactions between China and its neighboring states has increased, and therefore, so has the increasing number of cross-border marriages. The cross-border marriage is a special kind of marriage state in which the bride and groom are citizens of different states. Compared to the phenomenon of cross-national marriages, the scope of cross-border marriages is narrower; the latter is much better defined due to its ties with a national border and the emphasis on geographical location. These cross-border marriages not only provide a platform for exchanges between the two countries, but also are an opportunity for solving the marriage problems of the disadvantaged men in China’s border areas. However, on the one hand, the demographic, economic, social, border security and other problems which arise from the special and exceptional circumstances make the people engaged in this behavior face many practical difficulties, and, on the other, this kind of marriage puts pressure on and bring challenges to the social governance in the frontier. Due to complicated reasons, it is very difficult for foreign spouses to attain legal status; under the label of illegality, the status of their identities is pending and the status of their marriage becomes an exception to rules. This brings many challenges to the survival of these people and their families, and they are excluded from some specific areas due to the formal social regulations. In the face of these problems, it is necessary for the sovereign state to govern in accordance with the law. However, since this kind of marriage is already an objective reality, they are no longer single individuals, but have been embedded in a series of social networks and have become an important part of these social networks. Therefore, if we manage this situation strictly in accordance to current laws and regulations, there will be possible negative consequences which cannot be ignored. However, if we paid no attention to governance issues, this situation will bring about hidden dangers or create threats to social harmony and stability. Defusing the tension between the laws and the spouses’ pending identity status has become the primary task of effectively governing the circumstances of these “exceptional marriages”. This case study focuses on cross-border marriages between Yunnan Province, China and Vietnam. Through interviews with the inhabitants in border areas, the people who are involved in cross-border marriages, and primary-level government staff, and together with looking at related documents, the study analyzes the current characteristics, trends, driving forces, and dilemmas of cross-border marriages in this area. Through the research we find the following facts: 1) There has been an increase in cross-border marriages in Yunnan. Due to differences in the concept of bilateral cooperation and the immigration laws of different countries, almost all of the cross-border marriages in the border communities of Yunnan are illegal. In other words, cross-border marriages are characterized by their status of illegality. 2) Cross-border marriages are products of both historical habitus and rational choice. Due tothe historical ties, similarities in language and common cultural practices, the inhabitants of the border regions between Yunnan and Vietnam frequently engage in activities such as trading and marriage. 3) The participants of cross-border marriages face many hurdles due to their illegal status. On the one hand, living and laboring with the locals, they become assimilated into the community. On the other hand, the participants face hardships such as limited living space, unfavorable prospects for their progeny, and difficulty in accessing social security benefits. 4) Civil servants at the grass-roots level are also experiencing difficulties related to the management of cross-border marriages due to their illegal status. If relevant restrictions are strictly enforced, it could separate family members, lower marriage prospects for disadvantaged Chinese men residing on the border, and influence economic development of the border regions. However, the “illegal status” obfuscates the household registration system, illegal border-crossing damages border management regulations, and the illegal marriages create an insecurity to public order and social stability. From an objective point of view, cross-border marriage is a result of historical habitus and marriage strategies of border residents, and is an objective consequence of natural inclinations. From a social point of view, the pending nature and exceptional status of these marriages bring difficulties to both survival and social regulation upon the people engaged in in theses marriages. The fact that these marriages both “exist” yet are “pending” causes tensions. This tension creates an incompatibility between the mutual daily lives of families and the spouses’ exclusion from certain social spaces. Meanwhile, the behaviors of the people in these marriages together with social regulations creates a dilemma for strict regulation and stable development. From field studies and relevant literature, it is found that these hardships stem from the legal issues surrounding the identities of the participants of the marriages; the “illegality of the marriage” and “illegality of legal status” are the major issues causing the difficulties of regulation. If a suitable method solving the legal issues surrounding these marriages can be found, many hardships could be solved consequentially. However, the pending legal identity and exceptional legal status of these immigrants are not unilateral social phenomena. Instead, they are the result of many factors. These factors incorporate international, national, local, societal, and personal aspects. The resolution of the issue of cross-border marriage also requires considering these factors. In other words, in the realm of the society of border-area inhabitants, the spouses of cross-border marriages and law enforcement (including governmental agencies) form a complex network, which is, in turn, affected by the actions of all its participants. These individual actions are diverse and far ranging. However, society desires harmony, and social regulations play an important role in mitigating this disparity. Whether or not the participants of this social network, who pursue different individual interests, can cooperate together, allocate resources, distribute interests under rational decisions and eventually reach social optimization depends on the strategies of all involved parties.
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