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Tibet Tibetans Prohibit The Study Of Customary Law Of Intermarriage

Posted on:2018-06-16Degree:MasterType:Thesis
Country:ChinaCandidate:L ZhangFull Text:PDF
GTID:2356330533955073Subject:National Law
Abstract/Summary:PDF Full Text Request
China has 56 ethnic groups and Tibetans as a long history of a nation,and its customary law is an important part of our customary law system.The Tibetan customary law is the behavioral habit formed by the Tibetan people in the long-term social production and life practice.The influence of religious doctrine has its own unique content.Tibet as the main settlements of the Tibetan people,its social life more to retain the Tibetan culture,customs,habits,especially the adjustment of marital relations customary law,in the Tibetan villages around the residential can see.This paper mainly studies the Tibetan customary law of ban on marriages.It mainly adopts the literature and data reading method to explore the historical and cultural religious economy caused by the prohibition of marriages,and to carry out field visits,research and collection Marriage customary law of the existing situation,to understand and similarities and differences between customary law.On the basis of understanding the historical background,synthesize the existing situation and analyze the consistency and contradiction between the existing laws and the existing laws and regulations,and finally put forward their own views on resolving contradictions.The main contents of this paper are as follows:The first chapter introduces the concept of customary law and national law.On this basis,it puts forward the concept of Tibetan customary law of intermarriage: the Tibetan members recognize and abide by the long-Production,life practice gradually accumulated formation,and in the continuous development and adjustment of Tibetan ban on intermarriage conditions of the code of conduct.The second section of the main Tibetan ban on marriages customary law and its characteristics: different ethnic groups are prohibited from intermarriage,different tribes prohibit intermarriage,different classes prohibit intermarriage,different levels prohibit intermarriage and the same blood ban on intermarriage which is its five content;And the characteristics are national,religious,regional and stability.Chapter 3 mainly analyzes the ban on marriages customary law in the existing "ban and black bones intercourse" reasons and the origin of the title of black bones,but also introduced the The genetic mechanism of the black bones;introduced the Tibetan people to prohibit the formation of the same concept of blood marriage.The second part of the study of the existence of marital custom law in Tibet,which is based on the analysis of typical cases,the investigation and issuance of questionnaires and telephone inquiries on the status quo of the prohibition of marriages in seven cities in Tibet survey.After summarizing the survey data,three tables were produced,which showed three conclusions that the higher the level of education,the lower the degree of compliance with the prohibition of marriages,the lower the degree of compliance;the younger(20 years old 40 years old),the more common understanding of the prohibition of intermarriage custom law,recognition,the lower the degree of compliance,even the negation of its content;black bones of the scope of the burial division in different regions there are some differences: only Lhasa,Shigatse,Shannan,Most of the area to the burial division as black bones,and in Qamdo,Nagqu,Ali,Nyingchi parts(Bomi)did not think they are not clean people.There are also differences between the number of relatives who have a relationship with their relatives who are able to marry: the consciousness of most people is no matter how many generations later,as long as they remember that they are not married;but some places in some areas are different,such as Lin Zhilang County 3 generations after the relatives can get married,Xigaze Renbu County within five generations can not get marriedThe third chapter of the Tibetan Tibetan ban on marriage custom law and the national legal system of the adjustment,this part mainly analyzes the Tibetan ban on marital customary law in the same blood Prohibited marriages in line with the "Marriage Law" in the immediate blood relatives and three generations of blood relatives ban marriage,And the possibility of violating the crime of freedom of marriage in the Penal Code,which limits the freedom of marriage and may violate the crime of freedom of marriage in the Criminal Code.In order to change the Tibetan people's ideology,behavior and the existing law contrary to the content,to promote the region's economic and social development,strengthen communication with the outside world;to strengthen the various stages of children's human rights,equality,advanced ideology Of education;to strengthen the popularization of these measures.
Keywords/Search Tags:Tibetan ban on marriages customary law, black bones, national law
PDF Full Text Request
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