Matrimonial Dispute Settlement In Rural Area Of Tsang In The Context Of Customary Law

As an ancient nation that has been living on the Qinghai-Tibet Plateau for generations, Tibet has its long history and unique ethnic culture. It also cultured a national customary law with strong regional characteristics. Particularly, the customary law of marriage in this area is quite distinctive, and being so closely related to all the members of the community, it has become the research hotspot of some subjects like sociology and ethnic law in recent years.In this study, using the method of field research and empirical analysis, the author analyses the current means of settling matrimonial dispute in rural area of Tsang and the underlying reasons, pointing out the status in quo and the prospect of the matrimonial dispute settlement mechanism in that area, trying to offer some suggestions for the perfection of legal system construction in Tibet.This study consists of the following 5 parts:The introduction presents the reason of the research, the choice of the subjects and the method that applied in this study. It also illuminates the innovations and the shortages of this study.The first chapter outlines the marriage customary law in Tsang region. Starting with the geographical and cultural features, it analyses the characteristics and functions of the marriage customary law in this region, and points out its historical roots and vitality.The second chapter describes the status in quo of matrimonial dispute settlement in rural area of Tsang. By means of theoretical and empirical analysis, it analyses, basing on the data from the field work in Damai Village, the relationship between marriage customary law and matrimonial dispute in that area, the actual ways of settling those disputes and their effects.The third chapter articulates the practical dilemma of matrimonial dispute settlement in rural area of Tsang. It also points out that in the context of ethnic marriage customary law, comparing to judicial or administrative mediation, people’s mediation has natural advantage in matrimonial dispute settlement in the rural area of Tsang.The last chapter draws the conclusion that it is necessary to take a dialectic approach when considering the role of the unique customary law of marriage in this area. In the end, it suggests that china should actively exercises the regional legislative power and construct and complete the people’s mediation system in Tsang area.