Font Size: a A A

A Study On The Adjustment Of The Tibetan Vows Customary Law To The Marriage Relationship

Posted on:2021-01-16Degree:MasterType:Thesis
Country:ChinaCandidate:M L M QuFull Text:PDF
GTID:2436330602998481Subject:legal
Abstract/Summary:PDF Full Text Request
The Tibetan legal culture is extensive and profound.Due to the specific geographical,historical and social and cultural conditions,it has its own unique Tibetan customary law.Among them,the Tibetan alliance vows based on the belief of the gods have used it to distinguish authenticity,resolve disputes,and prove their innocence since ancient times.In the district society,with the secularization of Buddhism,the long-term practice and historical inheritance of the Tibetan alliance vowed the customary law to influence the marriage and family life of Tibetans in a new posture,and was widely recognized and repeatedly practiced by the public.Affected by geographical location,historical conditions and culture,the Tibetan people in the Ganzi Tibetan Autonomous Prefecture of Sichuan Province live scattered.In Litang County,Ganzi Prefecture,Sichuan Province,because of its remote location and high altitude,it has historically been in a relatively closed state and has a low degree of contact with the outside world.Because of its unique geographical location and human geography,Litang has a relatively complete preservation of Tibetan historical and traditional culture,including its unique customary covenant law.After the founding of New China,the state formulated and promulgated a series of laws and policies,and the customary laws of many ethnic groups have been eliminated to a certain extent.In the 1990s,with the continuous advancement of various national reforms,these Tibetan customary laws gradually appeared in the eyes of the people and became an important norm for the local people's living behavior.The purpose of this article is to conduct historical and realistic investigations on the social norm of the common oath customary law,to interpret the connotation of the customary oath customary law in Tibet,to analyze its contemporary legal space,and to discuss the customary law of the common oath in the Ganzi Litang agricultural area in marriage and family Conduct an empirical analysis of the performance,discuss its important functions in the civil field of Litang County,Ganzi Prefecture,Sichuan Province,such as solving marriage disputes and conserving judicial resources,and discuss the practical difficulties and swearing habits of the Tibetan people when applying the swearing-in law Analyze the practical dilemma of the law in the local judicial application.From the legislative and judicial level,we will improve its positive role,limit its negative role,play an important mediation function in the settlement of marriage disputes by customary covenant law,improve the corresponding institutional mechanisms,and promote the judicial application procedures and identification standards of customary covenant law.Establish and improve,and promote the perfect connection between the customary law of the alliance and China's marriage legal system and civil litigation procedures,so as to effectively promote the modernization of the rule of law in China.
Keywords/Search Tags:Tibetan customary law, alliance vow, marriage relationship, legal adjustment
PDF Full Text Request
Related items