A Study On Tibetan Customary Law In Tibetan Autonomous Prefecture Of Gannan

Tibetan Autonomous Prefecture of Gannan governs one city and seven counties: Hezuo City, Lintan County, Zhuoni County, Zhouqu County, Diebu County, Maqu County, Luqu County and Xiahe County, with 110 countries affiliated to the counties. Because of the terrain and climate, the economic development and education are underdeveloped in the city and counties, then Tibetan Customary law acts as the main social regulation to mediate the local issues. Tibetan Customary law is a social regulation of action that the local members conform to, which is formed in the long process of historical development, and easy to be changed. On one hand, Tibetan Customary law has the general characteristics of law, such as regularity, generality, mandatory and variability, and so on; on the other hand, as the social regulation to mediate the local disputes in Tibetan Area, the law has some other characteristics, such as regional, controlling inside and spontaneity, etc.As the Tibetan Area keeps in the form of tribe all along, their habits and customs are different from Han. Tibetan people usually appeal to Guowa in temples to deal with the daily disputes, rather than the judicial departments, therefore, they are heavily dependant on the Tibetan Customary law. The religion therefore has a comprehensive and deep effect on the judicature, especially, the Tibetan believe in Buddhism wholly. Thus, Tibetan Customary law is greatly affected by Buddhism. For example, the crimes such as grass field disputes, combats, killings, rapes among tribes, are solved by Buddhism mediation, material compensation and apology. So, the Customary law of conscience money exists all the time. According to the Ganjia and Renqing Tribes in Xiahe County in South Gansu, lawsuits are permitted in civil or criminal cases if mediation is ineffective. The big cases should be dealt with by Guowa in Labulengsi when the tribe leader can't solve them, which completely embodies the importance of Buddhism in judicature.This paper expounds Conception, content, characteristic, and its relation with national law and transition of the Tibetan Customary law in four parts. From the theoretical aspect, the first part introduces how to define folk law,customary law and Tibetan Customary law. the second part sums the law's contents from the aspects of crime, civil, environment protection and trial; from the perspective of national law, the third part analyzes the relationship between Tibetan Customary law and national law, articulates the clash, interaction and connection between Tibetan Customary law and national law, objectively discusses whether the Tibetan Customary law should be abolished; from the empirical aspect, the last part analyzes the law's theoretical importance and actual defects, then objectively comments and forecasts the law's development trending.