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The Theory Of The Conflict Between The Tibetan Customary Law And National Law And Interactive

Posted on:2015-06-16Degree:MasterType:Thesis
Country:ChinaCandidate:D L J BaFull Text:PDF
GTID:2296330434951790Subject:Jurisprudence
Abstract/Summary:PDF Full Text Request
the law is multiple, customary law as a code of conduct outside state law, it has a specific organization and authority, it is customary to rights and obligations as the main content, has a mandatory and punitive. The Tibetan customary law with the development of its content is also reflects the characteristics of the times. Since ancient times, the customary law reflects the Tibetan people’s belief, but also represents the Tibetan cultural value. Customary law and national law is common, but with the state law and the customary law of continuous improvement and innovation, there exists some contradiction and national law. The conflict between the two, we should face not ignoring them, the national legal system construction in continuous improvement and development, we should further promote Tibetan ethnic legal construction process. We should be the main reason the main characteristics of further research on Tibetan customary law and the Tibetan customary law, present situation analysis of customary law and national law of deep and the conflict between them and the interaction. We are absorbed in the process of legal system construction in the West many advanced things, but we can’t ignore the localization characteristics of law, the law is the superstructure, it must adapt to the level of the whole nation and material culture, or can not be mutual progress and promote. We know the customary law applicable to certain and development in Tibetan areas, but we are in the process of application of customary law often avoid the applicable national law, it is illegal, because the state law is unity and universality, is the behavior standards, the whole country. Therefore, we should seek a meeting point between the two, a total of thaw between promote two national law, it is suitable for factor into Tibet, the country continues to customary law to correct and perfect, at the same time, under the conditions in the legislative spirit and purpose does not violate state law in the Tibetan customary law be applied, this is the most perfect state. In this way, the common regulation of Tibetan social economy and cultural life can suffer the state law and the customary law of Tibetan society, will be more stable and peaceful.This paper attempts to based on reading and grasp the rich materials, the Tibetan customary law, for example, through empirical analysis, to our country national minority customary law of Tibetan customary law, characteristics, ethnic customs and state law, the role of the state law and the customary law of ethnic minority of the conflict and interaction problems for a more in-depth, comprehensive study, in order to be beneficial to the construction of legal system in the minority areas of our country. This paper mainly uses the literature research method. In order to study the goal as the center, through the China HowNet and entity library collecting related literatures at home and abroad, on the basis of the analysi of consolidation on the appropriate selection of suitable content is properly used, and get some inspiration from the article, read more books, to help future writing. Using the method of empirical analysis, to obtain the Tibetan area dispute case data, is introduced to the analysis, more authentic and convincing.
Keywords/Search Tags:customary law, national law, conflict interactionway
PDF Full Text Request
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