Conflict And Ajustment Between Tibetan Custmomary Law And National Written Law

Dov Tibet Autonomous Region there are a lot of plural marriage in the form, which is China’s current marriage law of monogamy obviously contradicts the reasons for its existence and life of the Tibet Autonomous Region in the whole region. Effect of expanded research, survey data Dov polygamy is polyandry, especially more and more conducive to family stability, such families are more affluent.Chapter one defines the Tibetan customary law of marriage, which is the source of the Accommodation Marriage Rules of Tibet. To correctly define the Tibetan customary law of marriage may help us understand this issue deeply.Combining the theories on the relation of positive law and customary law, the thesis discusses the complexity and obstructions of the Marriage law of PRC in process of implementation in Tibetan society, and introduces the AMRT into this thesis to provide foundation of the next statements. Chapter two analyzes the nature of the Accommodation Marriage Rules of Tibet. Great changes have taken place in Tibetan customary law of marriage and family before and after the democratic reform. By reviewing the marriage family style of Tibet, the thesis analyzes each part of the Accommodation, recognizes its positive effect, and objectively points out the incompletion both in content and legislation techniques.Chapter three analyzes the limit of the Accommodation Marriage Rules of Tibet. Through the comparison with the Marriage Law of PRC, the thesis shows the limits of the Accommodation Marriage Rules of Tibet specifically.Combined with the changes of implementation circumstances, the thesis reveals that the Accommodation Marriage Rules of Tibet is somehow diverging from the reality, and requires some amendment which will be proposed in next chapter. Chapter four discusses the author’s suggestion on the amendment of the Accommodation Marriage Rules of Tibet and its implementation environment. Based on discussions in the first three chapters, the author explores the legislative ideas for the Accommodation Marriage Rules of Tibet to solve the problems that it does not recognized but have emerged in Tibetan society, which is necessary to create a healthy environment to instruct correct marriage concepts.