Tibetan Legal Culture Research

The thesis comprises seven chapters: Chapter one expounds the research significance, the present research condition and problems in the study of Tibetan Legal culture. From the resent study of Tibetan Law, it is neglected to research the legal culture evolution and long history before Srong btsan sgam po (the upper limit of it is from Srong btsan sgam po,7A.D.). The reason of shortcomings : First, there are few materials of the legal and legal culture before Srong btsan sgam po. It is difficult to sketch the basic outlook of the law and legal culture before Srong btsan sgam po applying present materials. However, if approaching Tibetan law and legal culture, it can not be avoided. Second people are used to studying law in statute book. The practice verifies it is not overall. The integrated law and legal culture should include ancient codes and records and folk laws. Especially, the Tibetan social development is very unbalanced. The tribal form was still kept in some rural areas before liberation. But the tribal law and legal culture is mainly folk customs.Besides, it is short of overall and systematic study to Tibetan traditional law from cultural perspective. The legal culture study is the beginning stage in China, especially for Tibetology feild. The study is a new angle for the study of Tibetan law.Third, people focused on the traditional Confucianism law in a long time(such as Chinese law history, Legal ideology history), neglect to studydifferent legal culture. It is short of study for legal cultural differences in minority areas. Tibetan legal culture is based on Buddhism philosophy and primitive religion philosophy in thought, and emerges on the basic of the traditional agriculture and animal husbandry. Only subjectively realizing for national cultural tradition, can we solve that our party's policy is better to serve the development of Tibetan areas.The significance of studying Tibetan legal culture is : First, as a subject study in Tibetology field, the theory result of Tibetan culture is not so much. The study of Tibetan law just start. It is few to combine Tibetan culture and laws to study. This interdisciplinary study is good for the development of Tibetology study career and subject construction of Tibetology. Second, it is a colorful world. Every nation's culture is the precious wealth in the world. We should develop the research of Tibetan legal culture.Third, to make a well implement of the national law in Tibetan areas, we should understand the statute books and folk laws evolved in history.To summarizes the character of Tibetan legal culture, the influence of religion for Tibetan legal culture and the function of Tibetan legal culture for social development during the history is a must.Chapter two discusses the concept and theory of Tibetan legal culture, carries on the study from the structure and the style of Tibetan legal culture, studies law sense and law opinion of Tibetans, the differences between Tibetan law and neighbour nation's, the unique style of Tibetan legal culture,factors of shaping feature prehistory religion, the statute books, the Buddhism discipline and the influence of nature ecology for Tibetan law concept and legal culture.The author pointed out that the Tibetan legal style is a unique law style, which is based on the traditional agriculture and animal husbandry economy.From chapter three to chapter seven, on the foundation of comprehensive theoretical analysis , expounds the earliest legal form and feature of the Tibetan, analyzes and probes into the several important stages of Tibetan legal culture from history, sums up the present condition and character of legal culture in every stage. This will put forward clear train of thought for evolution history of Tibetan legal culture.The thesis carries on the interdisciplinary study of Tibetan law and culture from new cultural angle, tries to reflect the character of Tibetan legal culture, approaches the subjective rule of form, development and change in Tibetan legal culture.