Research On Tibetan Civil Law Judicial Application Status

Tibetan is an ethnic group which has an excellent traditional culture and a long history, and Tibetan legal culture is an important part of Chinese legal culture. As a mediation and specification of the Tibetan social civil relationship, the Tibetan Customary Law has been mediating the social relationships among individuals and tribes for a long time, and also played an important role in the social development of the Tibetan areas and is recognized and accepted by the Tibetan people.As one of a couple of Tibetan autonomous prefecture in Qinghai, Golog Tibetan Autonomous Prefecture (hereinafter called "Golog Tibetan region" for short)locates remote, with a slow growth of economy, and a state of isolation in history, thus people here have lower confirmation of outside surroundings. Ever since the liberation of Golog, owing to the establishment of socialism in the local society, the old social orders have been destroyed to some extent, however, the new orders has not been totally accepted by the local people yet, leading to a relatively chaos on the local social orders. In recent years, this problem has reflected especially in disputes. The most prominent are some series problems like tent relationships between local Customary Law and Constitutional Law and the fact that the judicial practice needs of Customary Law face with the difficulties of its judicial application. Many researches on these problems have been done in legal scholarship, aiming to seek a way to deal with it. And is not difficult to find some scholars who have researched deep into Tibetan areas for first-hand data, besides some scholars have researched on the judicial application provided by Customary Law in Tibetan areas. Among the related researches, three main views consist of Tibetan Customary Law, name as harmless theory, abolition theory and reform theory. This thesis tries to propose some own advice for the judicial application of Tibetan Customary Law on the basis of its current application situation by analyzing it’s rationality and predicamentThe paper falls into three parts excluding the preface, main body and concluding remarks. The text is divided into three chapters:The first chapters titled on the main content of Golog Tibetan Customary Law. The paper briefly introduces social background of Golog through literature. Besides, it sorts out and documents Tibetan Customary Law in current Golog in the perspective of Customary Law on Marriage and Family and property by searching on the basis of achievement of the former scholars and the local judicial practices, hoping to master the content of Tibetan Customary Law objectively and comprehensively.The second chapter is mainly about the judicial situation of Tibetan Customary Law in Golog and the analyses of the rationality and predicament of Tibetan Customary Law in civil justice.The last part topics on the perfection of judicial application of Tibetan Customary Law in Golog and poses some relative advices thus to propel Tibetan Customary Law in Golog to play a positive role. Besides, it also highlights that Tibetan Customary Law needs to match with State Law in the judicial application in Golog. However the writer is not able to put forward some overall relative measures due yet.This thesis mainly employs methods of Empirical analysis and Historical analysis.