| The traditional custom of Tibetan Compensation for Death is an important part of the old Tibetan feudal serf system of politics and religion local regulations, and is a major means of criminal punishment in old Tibetan legal system. The traditional custom of Tibetan Compensation for Death used to be called as Compensation for Death and Harm. It was a method to solve the disputes of killing and injury, that is, after a case of killing and injury occurred, the victim and its family asked for a certain amount of the compensation money and property from the criminal or its family. While, the both sides reached a settlement method after they gave the corresponding payment of money and property to the victim and its family. After the Tibet Democratic Reform in 1959, with the demise of the feudal serf system, this custom was completely abolished. However, due to historical reasons, during the half century of the Tibet democratic reform, this custom still exist in some places and play a role to this day, even has a tendency of involution resurgence, having a negative impact.The traditional custom of Tibetan Compensation for Death directly originated from The Law 20 formulated in Tubo period. Before the Tibet Democratic Reform in 1959, it had detailed provisions recorded in Tibetan Code in different periods. With the historical development, the custom had evolved constantly and adapted to social needs of different periods. It was completely abolished until the accomplishment of Tibet Democratic Reform in 1959. The custom represented the interests of the exploiting class since it was born, and supplemented the system of human rank in Tibetan history each other. The system of human rank was the dominated foundation in the old Tibet society and was the existent basic of the custom,which was the economic embodiment of it. During Tubo Dynasty period, people were divided into 6 levels and 12 grades according different ranks and were awarded different body identity in accordance. All levels'authority and duty were required strictly. Thus, when the injury case occurred, the amount of compensation was decided according the different levels. During the feudal serfdom period, people were divided into 3 levels and 9 grades in accordance with lineage, position and function. There were detailed requirements of the amount of compensation for death.In recent years, The Custom of Tibetan Compensation for Death was resurgent. On the one hand, it undermined the interests of people, endangered the economic construction and stable situation and seriously destroyed the unity and dignity of China's legal system. On the other hand, It can solve the injury case and the pasture dispute question effectively. There have some reasons of economic, social and cultural. Thus, on the adjustment plobem between the custom and national laws, we not only couldn't directly deal with the related problem of national Parts by national laws regardless of ethnic regional characteristics, but also couldn't let the custom slide. We should enhance economic and cultural levels, accelerate the transformation of the nomadic economy and culture type and ruduce the harm the custom brought into society.This paper discusses the problem from four parts. The first part mainly includes raising issues, research status quo, contents and methods. The second part mostly analyses the origin, contents and characteristics of The Custom of Tibetan Compensation for Death. The third part states the related laws contents in different Tibetan historidal periods combined the system of human rank in history with the custom, in order to search for track of its development and evolution and the relationship with the system of human rank. The fourth part is the destination and the end result of this paper. It mainly discusses the expression and changes of this custom in recent years, find out the reasons of its involution resurgence, analyse its characteristics and essence. At last, this article proposes the suggestion to adapt with the current law of China. |
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