Dai Legal System

The feudal law of Yunnan's Dai nationality is an important respect of culture of Dai. Based on the form of the behavioral norm, it reflected a lot of respects, for example, national economic, political development degree of society, psychology and custom etc. Some regulation and etiquette rules which were kept in Xishuangbanna, Menglian, Dehong region still retain on folk so far and influence every aspect of people's production and living. Even they are certain influencing on the implementation of the current law too.At present, The common law in Dai's history has already caused Chinese and foreign scholars' extensive interest. But articles which further investigate the development from common law to written law in Dai's history and study Dai's law subdivide field are rarely seen seemly.In the research of the common law, some scholars analyse and research in terms of anthropology , law science or ethnology. But majorities are regarded whole law as the direction of studying, contained widely, seldom involved the law and the subdivide field. So Dai's legal system problem still has larger research space. Extant legal research results of Dai become important materials to study Dai's feudal legal historiography of this text.This text hopes to make a bit study in this. The paper will carry ondeep research to the legal norm, origin and penalty system of Dai's feudalism to accord with successive dynasties, based on extant legal norm, the historical data about Dai's culture, history record. Its focal point are based on the four respects:The first, it will carry on research to Dai's early law. Among the part ,the research involves early social norm , the early law from the ninth century to the 14th century and the Manlai Code. The main research materials of the early social norm stem from Dai's early mythical legend. Passing to study the social norm of "Miehengwa" era (bamboo worm is centralized ), "Panba" era (a hunting header), "Laipanlainai" era (more leader or more header) and "Basangmudi" era (planting and settling down), the article probes into the embryonic form of Dai's feudal legal system tentatively. The main foundation of study for the ninth century Dai law is based on the historical recorded data coming from " Yunnan will " written by Fanzuo and "History of Le ". It will do an roughly introduction to Dai's legal state at that time. The main foundation of study for the 14th century Dai law is based on the historical recorded data coming from " Yunnan Zhilue" written by Lijing and " Biography of Baiyi " written by Qianguxun and Lisichong. At last, Combined the present scholar's research results, the article will do the studying of generality to "The Code of Manlai".The second, The article carries on the analysis , research to extantfeudal regulation of Dai especially. Regarding Dai gathering area as standard, it will research Xishuangbanna , Dehong, Meng Lian feudal current situation of legal norm,research to determine the nature of Dai feudal legal norm and common laws which keep on extant, and do the exhaustive introduction to its content .In addition, it will also adopt the comparing method to study .Through compared inland written law to Dai's feudal common law, it looks for the difference between them.The third part is main to study the legal origin of Dai's feudalism. Through analysing primitive religion, Theravada Buddhism , natural conditions , economic condition , moral concept on the influence of social life of Dai, the article probes into the origin relation between them and law.In the fourth part, it will analysis further and research Dai's feudal penalty system especially based on the study of Dai feudal legal norm. The study related to a lot of respects, for example, Dai's feudal penalty system to pronounce guilty principle, content, about penalty to atone for one's crime principle and characteristic of penalty ect.. Thus it filled in the deficiency studied in penalty in Dai's legal historiography.Studying uses the method of analysing historical data and the comparing method and to do the general an...