Integration Of Tibetan Civil Customary Law In Local Legislation Law

There is a certain gap between the speed of legal construction in China and the speed of economic construction.Although compared with the previous socialist legal construction in China,considerable progress has been made,but the long-term development of legal construction must not only rely on the introduction or transplantation of laws of other countries.Article 10 of the "General Rules of Civil Law" published in October 2017 also clearly stipulates that "the handling of civil disputes shall be in accordance with the provisions of the law;if the law does not stipulate,customs may be applied,but they shall not violate public order and good customs" [ "General Rules of Civil Law of the People's Republic of China " Article 10 of 2017] This provision establishes custom as the source of civil law for the first time,and also has a solid background for the application of customary law in the judicial field.Tibetans are one of the national minorities in China,have a long cultural history,and have formed customary laws with local characteristics.In the course of historical development,customary law has played its role before national law has infiltrated into Tibetan areas,and it has played a good role in mediating daily life disputes.After the infiltration of national law,it still played a huge role.The role.After years of practice,the local legislation of Tibet has provided a good legal environment for the TibetAutonomous Region and has also made outstanding contributions to the construction of the local legal system.However,there are still many problems and deficiencies in the local legislative work of the Tibet Autonomous Region,such as rigid procedures,lagging legislation,slow speed,and unclear powers and responsibilities.In the long run,it is difficult to meet the long-term requirements of Tibet's modernization development.However,under such circumstances,how to integrate the local customary Tibetan customary law with the country 's common law,so as to meet both the national legal system requirements and retain the traditional Tibetan culture under the premise of unified legal systems,is urgently needed today.solved problem.This article first talks about the background,significance,literature review and research methods.It briefly explains related concepts such as customary law,minority customary law,Tibetan customary law,and Tibetan civil customary law,and discusses its impact on Tibetan civil customary law in terms of geographical environment,religion,and politics.At the same time,it includes marriage,inheritance,contract,The content of the Tibetan civil customary law is expounded in terms of property rights and dispute resolution.Second,it discusses the basic situation of local legislation in the Tibet Autonomous Region.It discusses from the conceptual subject of local legislation,the legal background of the establishment of the Tibet Autonomous Region,the characteristics of the local legislation of theTibet Autonomous Region,and the effects of the local legislation of the Tibet Autonomous Region.Once again,the relationship between Tibetan civil custom law in Tibet and local legislation is discussed.From the importance of the integration of local legislation and Tibetan civil customary law,as well as from the aspects of marriage,inheritance,adoption,contract,loan,civil litigation procedures,etc.and from the regional,national,cultural heritage,implementation experience,etc.This section elaborates on the integration between Tibetan civil customary law and local legislation.Finally,it discusses the path analysis to realize the integration of Tibet's civil customary law and local legislation.From the relationship between Tibetan civil customary law and national law,the principles of the integration of Tibetan civil customary law and local legislation,and from the theoretical and practical levels,some suggestions are made for the integration of Tibetan civil customary law and local legislation.The research in this paper can provide certain materials for the Tibet Autonomous Region to exercise its legislative power in the future,making the legislation more precise and more in line with the current status of the Tibet Autonomous Region.Tibetan civil customary law is an important part of Tibetan customary law.It is a customary behavior when people deal with civil actions such as marriage,inheritance,and claims.The customary civil law of the Tibet Autonomous Region has so farplayed an important role in handling the daily life of people in the agricultural and pastoral areas of the Tibet Autonomous Region.The study of Tibetan civil customary law plays an important role in the better implementation of the current national law.