The Conflicts And Changes Between Customary Laws And Statutory Laws Of Tibetan Marriage And Family In Tibet

The customary law of marriage is always changing with the changes of economic foundation and social relations,in different periods,Tibetan marriage customary law also has different forms of expression,Due to the differences between Tibetan marriage customary law and statutory law,the conflict of customary law and statutory is inevitable.In order to reduce the conflict between Tibetan marriage customary law and statutory law,Speeding up the transition of Tibetan marriage and family customary law,This study is based on the perspective of law and economics and sociology of law,and using the method of literature research,to collate the current legislative situation and the research materials of Tibetan marriage and family customary law in Tibet,and studies the conflicts and changes between the customary law of Tibetan marriage and family and the statutory law.The analysis shows that most of the contents of Tibetan marriage and family customary law coincide with the provisions of the statutory law,However,there are still some conflicts with the statutory law in the conclusion,dissolution and the choice of the form in marriage,the reasons are related to the differences in the scope of application,the path of formation and the mode of operation of Tibetan customary marriage law and statutory law.Therefore,in order to promote the change of Tibetan marriage customary law in Tibet,measures should be taken from legislative,judicial and administrative aspects,actively responding to the customary rules that part of Tibetan customary law can no longer meet the needs of social development,Remold the Tibetan marriage customary law in Tibet and speeding up the transition of Tibetan marriage and family customary law in Tibet.