藏族婚姻家庭法律制度的变迁与调适民商法学专业论文.docxVIP

AB AB STRACT The thesis discusses the history and the status quo of the Tibetan Marriage and Family Law，and how to accommodate it to the State Marriage and Family Law．The thesis comprises five parts． Introduction expounds the research context and significance，the present research condition and problems in the study of the Tibetan Marriage and Family Law．Article integrated of several research methods，include the research， empirical analysis，comparative analysis and historical analysis．The topic of the thesis has three significances．The first is comprehensiveness，it discuss the every parts of Tibetan legislation．The second is innovativeness，a lot of ideas were neveT been put forward．The third is that it provides some valuable academic suggestion to legislation．Recently，there is a lot of research about the topic but have many limitations at home and abroad．First of all，the study of history is more than the status quo，leave alone combining them．And secondly，they more anention to some specific issues，such as polyandry system and the status of women，while put little eye to the system as a whole．At last，their articles focus only on descriptive introduction is while the theoretical analysis is not enough． Chapter one gives a general introduction of the Tibetan marriage and the family law．It points out that the Tibetan system of marriage and the family has five characteristic，such as a relative stability，origins diversity，regional，simple and concrete，considering adultery as criminal offence．At the same time，the chapter introduces the background where the system been nurtured，include the historical and humanities，natural and geographical，agriculture and animal husbandry，religion，etc． Chapter two discusses the history of the Tibetan legislation．It introduces the legislation from Tubo Dynasty to this day，including the customary law in modem times．It shows that the Tibetan marriage and family system is not customs but a complete legal system which has a certain historical her