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On the Tibetan Buddhist monastery property legal system

Author: LiuChuan
Tutor: ZhaoXueGang
School: China University of Political Science
Course: Jurisprudence
Keywords: Tibetan Buddhist monastery property Legal culture
CLC: D922.19
Type: Master's thesis
Year: 2011
Downloads: 115
Quote: 0
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Abstract


Tibet Tibetan Buddhist monasteries in the legal system of property from the perspective of legal culture. Since the Tibetan Buddhism spread to Tibet since the seventh century AD, in the long feudal serfdom, accumulated huge property. Tibetan Buddhism is closely linked with the life of the Tibetan people, how to adjust the Tibetan Buddhist monastery property becomes a complex problem. Tibet Tibetan Buddhist monastery property issues in building a society governed by the rule of law, not only political, ethnic and religious issues, and the more important question of law. At present, China's Tibet Tibetan Buddhist monastery property system, there are many problems. The authors believe that, to solve these problems, perhaps by means of the theory of thinking of the legal culture to build Tibetan Buddhist monastery modern legal concepts of property and legal systems provide ideas. Based on this thinking, the main content of the paper is divided into three chapters, each chapter is as follows: The first chapter examines the current situation of the Tibetan Buddhist monastery property and related legal system, and analyzes the problems that exist in the Tibetan Buddhist monastery property legal system. Chapter II by means of the legal culture theory, analysis of the root causes of Tibetan Buddhist monastery property legal system. Legal culture posed by the the conceptual legal and cultural structures and institutional legal culture structure, the conceptual legal culture and systematic legal culture both influence each other, and also conflicting. By comparing the Tibetan Buddhist monastic culture of traditional property law and in legal and cultural context, this chapter concluded: Tibetan Buddhist monastery property legal system from the Tibetan Buddhist monasteries and traditional property laws, culture and the culture of modern property law divergence. Such laws and cultural differences and departure from, not only led to a Tibetan Buddhist monastery property laws and cultural backwardness, but also deepened the structural contradictions of the legal culture. The third chapter cultural theory from a legal point of view to discuss possible ways to build the modern Tibetan Buddhist monastery property legal system. By analyzing the plight of the positive significance of the presence of built Tibetan Buddhist monasteries modern legal system of property, the authors pointed out the building of Tibetan Buddhist monasteries modern legal system of property should adhere to the principle, and cultural theory from a legal point of view proposed construction of Tibetan Buddhism monastery modern legal system of property possible path. The conclusions of this paper are: to build a modern legal system of property Tibetan Buddhist monasteries, it is necessary to adhere to the principle of combining traditional culture and modern property law, but also to insist on the maintenance of the unity of the legal system, and give full play to the principle of regional autonomy legislation independent of combining the At the same time, we must recognize that to build a Tibetan Buddhist monasteries modern property legal system from the perspective of legal culture, you must first recognize the major Tibetan Buddhist temples traditional property regimes exist, and sort out these problems on the basis of on, build a Tibetan Buddhist monastery of modern legal concepts of property.

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