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Research On The Issues Of Local Legislation Of Mongolian Areain Qing Dynasty

Posted on:2008-02-07Degree:DoctorType:Dissertation
Country:ChinaCandidate:S JinFull Text:PDF
GTID:1115360215491517Subject:Mongolian history
Abstract/Summary:PDF Full Text Request
The Mongolian legal history has an important status in national legal history in ancient times of China and has become Mongolian legal system. It includes the statute law -" Big Zhasa" in Genghis Khan's time, the laws documents in Yuan Dynasty, legal laws and regulations made by Mongolia lords in north Yuan and in Qing Dynasty.During the process of submitting to Qing dynasty, since Taizong, the emperors in Qing dynasty, National Minorities Bureau and the judicial organs had formulated the laws and regulations in Mongolian area, just like Shengjing's practical regulation, Mongolian law, Mongolian regulation, National Minorities Bureau's regulation etc. These were special laws and regulations in Mongolian area. And they are also the specialized laws based on the nomadic - Mongolian legal system culture and closely related to Mongolian law culture. However, these laws could not satisfy the needs of law culture of Mongolian nomadic life. Those specialized laws were only made concerning the need of the rulers and the nation with lots of concrete civil dispute cases solved only by the Mongolian unwritten laws. Therefore, lords of the Mongolian tribes formulated some quite famous local laws and regulations (mostly in Mongolian) such as Khalkha Jirum, Wulanhaqirtu Law, Alsha Mongolian law and some articles in the book of Mongolian Files and documents in 17th century (1600-1650), Law text of Huhhot and Huhnuur Mongolian meeting law etc. Most of the local laws and regulations have not been recognized by Qing Dynasty, but they had extremely rich content, widespread range and national characteristics. Each law and regulation manifested the Mongolian life, and really reflected the needs of the Mongolian tribes.Scholars have been paying much attention to the history of laws in Qing dynasty for several decades. Most scholars have only paid attention to the study of the specialized laws of Qing dynasty but they have not analyzed it from the point of view of law. With the further academic study, scholars have collected, reorganized and published several law texts on local legislation such as Khalkha Jirum etc. It is very important to study these kinds of program by means of law and history study. It is both the important task and one of the subjects with great realistic significance in the field of law study.The first question, when we study the Mongolian local regulations in Qing Dynasty, is why the Mongolian local regulations exist, what they are showing us, and what the function is? When we want to reply these questions we must consider the original relations and its legal efficiency. With these issues, the author introduces the historical background and the researching development home and abroad then enquires the producing reason of Mongolian local laws and regulations. The author investigates the contents of Mongolian feudalism of Qing dynasty, and analyzes the regulations between Mongolian local law in Qing dynasty and Yuan dynasty. This research field discusses the relationship with Yuan dynasty and also discusses the relationship between them. It solves several difficult questions.In the conclusion the Mongolian feudalism's law or regulations is distinguished from northern Yuan time, and it is also different from those of Qing Dynasty. It inherits and develops the Mongolian ancient times legal, regulates and manages the interpersonal relations in Mongolian society, and supplements the deficiency of Qing Dynasty's special law to Mongolian area. Therefore, it not only has theoretical significance of academic studies but also practical significance for practical reference.
Keywords/Search Tags:Qing Dynasty, local regulations of Mongolian area, reason of occurrence, content
PDF Full Text Request
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