The Legal System Of Tibetan Marriage And Family Change And Adaptation

The thesis discusses the history and the status quo of the Tibetan Marriage and Family Law, and how to accommodate it to the State Marriage and Family Law. The thesis comprises five parts.Introduction expounds the research context and significance, the present research condition and problems in the study of the Tibetan Marriage and Family Law. Article integrated of several research methods, include the research, empirical analysis, comparative analysis and historical analysis. The topic of the thesis has three significances. The first is comprehensiveness, it discuss the every parts of Tibetan legislation. The second is innovativeness, a lot of ideas were never been put forward. The third is that it provides some valuable academic suggestion to legislation. Recently, there is a lot of research about the topic but have many limitations at home and abroad. First of all, the study of history is more than the status quo, leave alone combining them. And secondly, they more attention to some specific issues, such as polyandry system and the status of women, while put little eye to the system as a whole. At last, their articles focus only on descriptive introduction is while the theoretical analysis is not enough.Chapter one gives a general introduction of the Tibetan marriage and the family law. It points out that the Tibetan system of marriage and the family has five characteristic, such as a relative stability, origins diversity, regional, simple and concrete, considering adultery as criminal offence. At the same time, the chapter introduces the background where the system been nurtured, include the historical and humanities, natural and geographical, agriculture and animal husbandry, religion, etc.Chapter two discusses the history of the Tibetan legislation. It introduces the legislation from Tubo Dynasty to this day, including the customary law in modern times. It shows that the Tibetan marriage and family system is not customs but a complete legal system which has a certain historical heritage, the coexistence of statutory law and customary law. Chapter three discusses the history and the status quo of the Tibetan Marriage and Family Law. First, it studies the marriage requirement, the author proposes his view that the Tibetan women are getting earlier and the men are getting later on the marriage age, on the whole, the Tibetan marriage age relatively late. Second, it studies the freedom of marriage, the marriage restrictions, dowry and bride price. The author puts forward his viewpoint about the form and causes of polyandry system, which is different from the predecessors'. The chapter also discusses the history and the status quo of Tibetan family relations, marriage procedures and divorce. At the same time, it points out that there was Damage Compensation for Divorce and No Fault Divorce system in Tibet from ancient times, which are in the lead.Chapter four discusses how to accommodate the Tibetan Marriage and Family Law to the State Marriage and Family Law. There was not only consistent with them but also some conflicts, if we do not properly adjust them, it will certainly affect the construction of harmonious society. There are many ways to adjust them, such as giving new meaning to the original customary law; revising the village regulation and agreement; promoting socialist morality and exploiting Tibetan Buddhism advantages to the settlement of marriage disputes; intensifying efforts to the development the market economy in Tibetan areas.