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Qing Dynasty In Tibet Legal Research

Posted on:2001-06-16Degree:DoctorType:Dissertation
Country:ChinaCandidate:Z P SunFull Text:PDF
GTID:1116360002952501Subject:Legal history
Abstract/Summary:PDF Full Text Request
China has been a unified country with many nationalities since ancient times. The imperial courts in different dynasties laid a lot of stress on the legal construction of their nationalities. The Qing dynasty, after being settled in midhina and summarizing the experience and lessons in adjusting the legal constraction of the minority nationlity in the past, realized whether they could handle the problems of the nationality in the border region was of great signifi- cance to the country rise and fall. Therefore, the rulers in the Qing dynasty pointed out, here there is a war in the border area, there is nopeace inland.? They put great emphasis on the legal construction of the minority nationality, putting forward a proposition on the legal construction of the nationality overning It According to Its Characteristics,?and obtaining marvelous achievements. The proposition on the nationality legal construction overning it Ac- cording to Its Characteristi6s?was carried out throughout the course of the na- tionality legal construction. This article based on the above idea examined the process of the development, the law of the development of the legal system in Tibet in Tibet in Qing dynasty and its characteristics and experience and lessons. The legal construction in Tibet in Qing dynasty went through three stages. The first stage, the first period in Governing Tibet (1642?793). During this period, the legal system put more stress on overning It According to Its Characteristics? recognizing the legitimacy of the Kashag regime, the local government in Tibet, especially in favor of Dalai lama, establishing his authori- ty in political and educational affairs in Tibet, approving of the legal validity of he Thirteen laws?and he Twentyne laws?enacted by him. And in face of the disorder in politics and education in Tibet, they suppressed the zhungaer disturbance in Tibet by foce, as well as the internal discord and the invasion of ?? the Gurk has. On the basis they issued he Thirteenrticle Ordinance for the Governing of Tibet,?he Nineteen Articles Concerning the Position and Bor- der of Tibet,?and he Ten Articles Concerning Different Affairs in Tibet.? Thus the government institution which satisfied the requirements of the Qing Central Governement in reigning over Tibet was set up, achieving the purpose of putting the rigth of management of all kinds of affairs in Tibet into the scope of the national law adjustment. In this period, the key point of the legal system study is on the origin and the development and the application in practice of the Tibetan local law he Thirteen laws?and the great significance of issueing it. The second stage, the middle period in governing Tibet (1793?840). In this period, The legal system put a lot more stress on?Governing Tibet for Suitability.?They greatly reformed the Tibetan local government, promulgated the basic law governing Tibet he Twentyinerticle Ordinance for the More Effective Governing of Tibet,?and he Imperial Ordinance for the More Effective Governing of Tibet.?The ordinance comprised a series of regu- lation on the management of official personnel, and administrative, financial, military, religious and political affairs in Tibet. It served to institutionalize the administration, through which the central government of the Qing dynasty ex- ercised its sovereignty over Tibet. During this period, the key point of the legal system study was to examine how the contral government of the Qing dynast...
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