Republic Of China Tibet Legal Research

Since ancients times China has been a unified multi-national country. All the successive dynasties attach importance to the construction of national legal system. In the time of the Republic of China, the legal system governing Tibetan made certain contribution to strengthen state sovereignty in Tibet.The article includes a systematic analysis of the constitutional government in Tibet, and the state rule objective evaluation of the features of the religion, the administration, the education and the Tibetan local government. The article discusses the effect of the construction of all sorts of legal systems in the Republic. Based on them, the article estimates objectively the characters of the Tibetan law, experience and doctrine, reveals the inheritance and creativity of the law in the Republic, and enlightens the construction of the Tibetan legal system in new China.The Republic of China rose up after the Xinhai Revolution. The founder of the Republic, Sunzhongshan, held great expectation to the law of the bourgeoisie. He hoped that through the establishment of the law, "The Three People's Principles" could be achieved. According to the principles in the law of bourgeoisie, he proposed the equality of nations and the freedom of religious belief, advocated the "equality among five nations", defended for the unity of the state sovereignty and the territory integrity. Thinking highly of the legislation of the basic law, the enactment of Temporary Constitution of the Republic China provided the theoretical and practical foundation for the construction of the legal system for the Republic.As for the construction of the law, because of the short-time existence of the Republic and the unstable regime, the national law, as good as the Royal Regularity Governing Dependent State wasn't enacted. On the other hand, the law of the Republic had own features, such as the conternporineity, normality, systematicness, autonomy. The inheritance of the Tibetan legal system enabled the law of Tibet to have many other features, such as backwardness, savagery and the integration of the emperor law, religions, and morality and taboo.During the 38 years under the rule of the Guomindang, every central government paid more attention to the construction of the constitutional government, especially to the construction of the government in Tibet, so that the complete slate sovereignty can be exercised. The legal system of the Republic developed with the focus on the constitutional government, Tibet established accordingly. No matter it is the governing of Tibet, or fighting against the invasion of the foreign imperialists, or the solving of the internal contradict of Tibet, or the struggling against the dividing force, the central government persisted in state sovereignty. During the 38 years with the regime of the Republic, although Tibet hat an unstable relation with the central government, implementing an unstable fence-sitter policy, but it had not divided from China, so the Government of the Republic made a contribution to keep the state sovereignty for Tibet.As for the construction of the regime, the central government could adopt many policies of mollification to attract people of higher class to attend the construction of the regime, so the relationship was appeased. It had contributed a lot to the consolidation of the county and the stability in the borderland.Since the ruling of Tibet by the Republic was short, the production is limited. But it stuck to the unity state sovereignty. It has profound influence on the construction of the national legal system. Looking back to the history and examining the experiences and lessons of legal construction are realistic to the current legal construction.