Research On Polyandry In Tibet

Polyandry, as a rare form of marriage in the world, has been prevalent for a very long historical period in Tibet. Until today, this backward customary marriage still exists in some areas in Tibet with the quantity which can not be ignored, and even becomes the main form of marriage in these areas. It is also because of this that the Tibet Autonomous Region has established the flexible regulations (hereinafter referred to Regulations) of the implementation of Marriage Law of People's Republic of China (hereinafter referred to Marriage Law), respectively in 1981 and 2004. Regulations advocate abolishing the feudal polyandrous marriage and at the same time also flexibly regulate that the above-mentioned marital relations, formed prior to the implementation of the regulations, are allowed to be sustained for those who do not take the initiative to propose the dissolution of the marital relations. This will inevitably cause our doubt: Why the law makes such flexible regulations to such customary marriage? Whether there is still some space for the existence of the polyandrous marriage in today's Tibet? What choice should be made to this marriage form by the future law? These are also the problems that the author tries to solve in this Thesis.The full text is divided into four chapters. The history and the status of the polyandrous marriage are analyzed in Chapter One. It can be seen from the historical records of the polyandry that Tibet is the most concentrated area where the polyandrous marriage exists since ancient times. In Tibet, the polyandrous marriage mainly includes three forms: brothers sharing one wife, friends sharing one wife and father and son sharing one wife. But the study focus in this text is determined as the marriage form: brothers sharing one wife. At the same time, the legal regulation on marriage and family in the history of Tibet is also researched, with the expectation that it can help to analyze the forms of polyandry. And three villages have been selected in pertinence for study, with the survey data, generally introducing the status of the polyandrous marriage in Tibet.In Chapter Two, reasons in history, social culture, religious and economic for the existence of polyandry marriage in Tibet have been analyzed in detail. The economic reason has been determined as the ultimate one for the existence of polyandry marriage. It is shown that the existence of polyandrous marriage under the specific historical conditions in Tibet is reasonable, and this marriage form is in conformity with the social productive force and the social ethic and moral standards, can not be wiped out immediately in the future.In Chapter Three, the polyandrous marital relations has been analyzed from the perspective of the existing Marriage Law, as well as the conflicts between the two marriage forms, further elaborating the characteristics in which the polyandrous marriage differs from the normal marriage form. It is shown that with the social progress and development, especially in economy, the inherent characteristics of polyandry must lag behind the modern rule of law, and the trend of development can not coordinate with the social development and even hinder the social progress.In Chapter Four, attempt to give some immature legal suggestions to the present regulations on the polyandry in Tibet. Include that admitting the polyandrous marriage with certain conditions, differentiating the regions and population in order to carry out the differential treatment; At the same time, for women and children, as well as husbands who quit the marital relations, carry out the special relief or regulations, reflecting the humanistic care of laws; Finally, be assisted by other relevant measures, such as means of marriage registration, the implementation of the family planning policy,and the legal publicity . Guide the polyandrous marriage to fit the modern rule of law as much as possible.