| The debate between the positive law and the customary law exists all along in jurisprudential circle. In ethnic minority areas, the relations between the positive law and the customary law of ethnic minority are full of not only conflict, but also interaction. Tibetan customary law of marriage has a long history, and owns strong cultural identity and a solid foundation of the masses. And to a certain extent, it hinders the implementation of the Marriage Law of PRC. In the light of this fact, the Accommodation Marriage Rules of Tibet (AMRT) was made to compromise this conflict. The Accommodation Marriage Rules of Tibet has already enforced for twenty-seven years up to now. And with the fast development of the Tibetan society, it gradually cannot meet the needs of reality in dealing with the problems of Tibetan's marriage and family. On the recognition of these facts, the author try to have a deeply analysis and discussion on AMRT, and propose some specific and feasible recommendations. There are four chapters of this thesis.Chapter one defines the Tibetan customary law of marriage, which is the source of the Accommodation Marriage Rules of Tibet. To correctly define the Tibetan customary law of marriage may help us understand this issue deeply. Combining the theories on the relation of positive law and customary law, the thesis discusses the complexity and obstructions of the Marriage law of PRC in process of implementation in Tibetan society, and introduces the AMRT into this thesis to provide foundation of the next statements.Chapter two analyzes the nature of the Accommodation Marriage Rules of Tibet. Great changes have taken place in Tibetan customary law of marriage and family before and after the democratic reform. By reviewing the marriage family style of Tibet, the thesis analyzes each part of the Accommodation, recognizes its positive effect, and objectively points out the incompletion both in content and legislation techniques.Chapter three analyzes the limit of the Accommodation Marriage Rules of Tibet. Through the comparison with the Marriage Law of PRC, the thesis shows the limits of the Accommodation Marriage Rules of Tibet specifically. Combined with the changes of implementation circumstances, the thesis reveals that the Accommodation Marriage Rules of Tibet is somehow diverging from the reality, and requires some amendment which will be proposed in next chapter.Chapter four discusses the author's suggestion on the amendment of the Accommodation Marriage Rules of Tibet and its implementation environment. Based on discussions in the first three chapters, the author explores the legislative ideas for the Accommodation Marriage Rules of Tibet to solve the problems that it does not recognized but have emerged in Tibetan society, which is necessary to create a healthy environment to instruct correct marriage concepts.The conclusion is a summary of the whole thesis. Since this thesis is written on the basis of Marriage Law, and the content of Accommodation involves not only legal issues but also ethics and sociology, although the author tries to propose some recommendations for the Accommodation Marriage Rules of Tibet, the paper may inevitably exist some problems that are not analyzed deeply or thoroughly. On the other hand, since the basic for this research is comparatively weak, and owing to the author be limited in researching capacity, the thesis is far from perfect, and is ready for comments and criticisms.
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