少数民族地区民间法律秩序研究——以藏民族地区为例

On the Construction of the Civil Legal Order in the Minority Nationalities with an Emphasis on the Tibetans

少数民族族群对于法律的需求量远远少于现代城市生活的人群,大多数族群依靠其他社会控制手段来解决民间纠纷。藏区社会变迁中形成的国家制定法、宗教教义、家族制定的乡规民约构成金字塔型社会控制系统,是国家强制法与民间自发社会秩序竞争的结果,是丛林法则中优胜劣汰的结果,是藏民在解决纠纷过程通过经验形成的最有利于自己的社会系统。

People of minority nationalities are not involved in as many legal affairs as those urban residents. Most of them resort of other social mediating means to resolve their disputes. During the transformation of the Tibetan society, the national law, religious concepts and tribe regulations have formed a pyramid of social mediating system which resulted from the mediation between the national compulsory law and the non-governmental self-governed social order and the best survivals out of the jungle rules. This system also resulted from the experiences that the Tibetans obtained as they resolve their disputes and proves to fit their society in the best possible way.