The Survey And Research Of Tibetan Civil Customary Law

Tibetan customary law is the production of Tibetan people in the long-term practice gradually formed, from generation to generation, continue to develop and for this nation to keep part of the ideology and the conventional crowd life mode, The composition of Tibetan customary law not only includes Tibetan religious customs, but also includes the Tubo Dynasty and the Tibetan local government regulation of content. It is generally agreed by the vows, etc. to adjust the various kinds of social relations between the individuals and between the various tribes, in order to achieve the purpose of maintaining social order in Tibet. Tibetan customary law is based on the feudal social relations of production, with obvious limitations and backward, but rich in content, the system is also more comprehensive, in Tibetan history, has played an important role, becomes the important legal basis as maintaining the Tibetan political and economic and the life of order.I practiced in the Tibet Autonomous Region People's Court of Naidong process, through the survey and study found, along with the gradual opening up of Tibetan society and the deepening of democracy and legal system, the essence of the some Tibetan customary law and national law is not consistent.Therefore, accelerating the transformation of the Tibetan customary law, has become the key to constructing a harmonious society in Tibetan areas. Meanwhile, since the law as an organic component of the social superstructure, whether statutory or customary law, should be development and change with history and social form.This paper will discussed from five aspects:the origin of the Customary Law, content, relationship with the national law, causes and status of the Transformation. The first part of the author expounded the theory, through the form of Tibetan customary law, such as the Buddhist teachings, taboos, etiquette, discusses the origin of the customary law; The second part based on field investigation is given priority to, the content of the customary law of Tibetan summarized, civil law are introduced in Tibetan about marriage, family law, the real right law of tort law content; The third part from the angle of national law, analyzes the relationship between customary law and national law Tibetan area, this paper expounds the national customary law and Tibetan interaction, fusion and conflict; The fourth part from the empirical aspects of the common real effect on Tibetan make analysis in the new period, and finally put forward the transformation of Tibetan customary law put forward his opinion.