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在西藏地区广泛实行的藏族习惯法,长久以来作为调整和规范人们生产生活的行为准则,在当地的司法审判中也发挥着重要的作用。但是随着我国依法治国和法制化进程的加快,藏族民事习惯法因其浓厚的佛教色彩、特权阶级色彩而与我国制定法的冲突日益加剧,其在实践运用方面也因缺少明确的标准规范,为习惯法的司法适用带来严重的阻碍。
Tibetan customary law, which is widely practiced in Tibet, has long been used as a code of conduct in regulating and standardizing people’s production and life and plays an important role in local judicial adjudication. However, with the acceleration of the process of governing the country according to law and legalization, the clash of the Tibetan customary civil law with the enactment law of our country has been aggravated by its strong Buddhist and privileged class colors. Due to the lack of clear standards and norms in practice and application, Serious obstacles to the judicial application of customary law.