| The human being, conceiving in the nature, during his continuous evolution and development process, has been creating a bright human material and spiritual civilization.Giving endless human resources and wealth to human being, however, the development and evolution of the nature is also filled with grave and tragic disastersto human society.Historically, since the date of birth, the mankindhascontinuously suffered from the invasion of all kinds of natural disasters, we can say that a human history is a history of continuous withstandingnatural disasters and unyielding struggle with all kinds of disasters.As anation heavily depending on the natural environment to survive in traditional farming civilization, there're both science and technology at a low level of productivity, and small-scale peasant hardship in ancient China, people are of a low ability topredict and withstand natural disasters, so many disasters frequentlyhappen and causemassive casualties,such as life and property damage, social production and reproduction of the survival of the order continueto be upset, the consequencesof disaster are so much sad.Under the traditional monarchy imperial political system, whenever a large natural disaster, all government have to try to organize a variety of forces and to co-ordinate relief matters, allocating supplies to save lives of common people and maintain social stability and order,These measures, strategies, experiences and ideas, which derived from practice and constantly repeated in the actual implementation of the various disaster relief, confirming their practical value in society, become arich historical resource. Thetraditional government bends along the experiences of their predecessors,following disaster relief initiatives, strategies.Peoplehave progressively made them formalized, standardized and institutionalized, and developt a series of comprehensive disaster relief legislation, so as to form a sound disasterreliefinstitutional system.Generally speaking, the traditional Chinese legal system about disaster relief is based on the sum of disasters relief includingmeasures and ideasabout pre-disaster and temporary-disaster response after suffering from natural disasters, and it is of the ideas and initiatives of social and political, economic, cultural and other aspects of the aid legal system, which led by the dynasty government. These relief ideas and rules of historical experience, which embody the wisdom of Chinese ancestors, are obtainedat the price of blood, and that's the reason whythe Chinese civilization and traditional society is to stretch thousands of years. The Qing Dynasty, as the last imperial regime and traditional monarchy development summit, it has disasters relief culmination of many generations andimproves measures to a sound legal system, however, there're different social achievements in localcounties during the front and lateperiod.Especially during the Opium War, modern western powers have brought a serious disaster to the old nation,on the other hand,they also provides a new field of vision for the whole country,advanced people begin to come out of the mud of traditional small-scale peasant economy about disaster relief thoughts and practice, transforming from the traditional legal system to modernization of society. The paper is to analyze this legal system and its social practice,and summarize these traditional disaster relief initiatives and the historical experience of the traditional legal system to deliver human civilization, especially whilethe natural disaster is still raging nowadays,thistheoretical and practical value about traditional disaster reliefis still valuable and cannot beignored.According to existing research results and knowledge by social sciences, thethesis is to research Qing Dynasty legal system of disaster relief through local social concrete practice in county,by examining the ecological background such as social and political relationships in local governance environment to make clear disaster relief objective facts, and then to further clarify the intrinsic relationship between the form ofstate peremptory norms and the social relief operation, namely inherent relationship between the rules of law and social practice.Delving into disaster legal ideas, systems and the purport underthe traditional imperial political system,we can find outsocial problems existing in traditional disaster relief practice of the legal system and further review disaster relief legal system in the use of natural science research on the causes of natural disasters. Besides, not ignoring the huaman factors leading to disaster, the paper is to pay particular attention to the value of the individual factor in disaster relief practice, with a participant and observer of different perspectives and awareness, understanding it's necessary and rational to have traditional social disaster response and the corresponding system,and to make clear such government disaster relief behaviors for many complex social factors, meanwhile,the paper is togiveout due lessons learned from the past history of a concrete system, through the overall reflection and review of the political, economic, cultural and institutional forms.More important, by the way of preliminary analysis on the legal system history, the paper expects to have the study of traditional disaster relief legal system causedmore attention, thinking it more possible research path to widen the field of article discussed, to inherit and develop traditional excellent national culture. Specifically, the paper is organized as follows.First of all, the foreword is about introduction to the topic of theoretical and practical significance, combing the domestic and foreign research results on the traditional natural disaster relief issues, such as progress and development, specifically toclear research methods adoptedbythe thesis.The first chapter, the paper is to outline the historical background, which is the base of the legal system of the Qing Dynasty disaster relief. In different historical periods of ancient society, people have been aware of natural disasters and combing the necessary measures to dealwith them.There are rich of experiences and a long historical process of the measures policies since the pre-Qin Dynasty, It's necessary to have a clear outline of the background of the formation of the traditional social ideas and measures of disaster relief.The second chapter discusses the contens and forms about legal system of natural disaster relief in the Qing Dynasty. Qing Dynasty is in the two periods of Cosmic Natural Disaster Group Ocurrence, namely the Ming and Qing and the late Qing Dynasty.The Qing government has inherited social disaster relief ideasand effective measures in history, and while in social practice they carry out variouslymeasures, at the same time,they are gradually making measures formalized, standardized and institutionalized,in the end,constructing strictly aset of laws and regulationgs,consisting of typical emperor edicts,Huidian, regularcases,criminal law, provincial cases, as well as local temporary operationalcharter,which concludes not only a strict procedural normssuch as disaster response, disaster survey, validation of household poverty, and practical scatteringfood or moneny, but also the pre-disaster measures, namely persuade farming, land cultivated,water conservancy, building storage,supplying moneny, deferrable tax,destroy locusts, transferringfood,loan, pension, appeasing refugees, savings, and many other legal initiatives used to repair and remedysocial order, There comes into being the most comprehensive national system for disaster relief regulating in a traditional society.The Qing rulers still make use of informal civil strength, by persuading, motivating, gathering various social forces to participate in disaster relief, in order to save lives of common people.Totally, this disaster relief legal system is playing a very important role in restoring social production and reproduction of farming relations, promoting stability of the entire social order, and maintainingrulers own dynasty effective order. Of course, there is internal defect such as its complexity andformality.The third chapter is to explore the practical implementation in local county society and analyze social effects of the disaster relief legal system.Outlining the architecture of traditional imperial bureaucracy,analyzing the political environment and ruling environment where the taditional county is in local society, there are such as the officers, the clerks, the squires, the landowners, patriarchal families, the rural people and other basic social forces and relations, to grasp all kinds of powerful relations in local society and the public officers, family and the family as well as up and down the bureaucracy, in order to reveal the objectivity of legal basis for the operation of the disaster relief system.Under traditional agricultural society, most farmers are working in a whole year, but the result is only able to make ends meet, these poor people haven't any other infrastructure and the ability to withstand disasters, once the disaster comes out, it is so difficult to go on simple reproduction, only looking up to God, imperial gift and tender care by the bureaucrats.The fact that poor and weak people have long been overlooked, makes disaster relief practice necessarily led by the government.There are two key factors for government to have effective results, one is the financial situation of the state,the other is to depend upon the traditional imperial bureaucracy, information about the disaster happening smoothly transferred or not by the chain of bureaucracy, and how about the county officers incentives, having direct impact on the actual effects of local county disaster relief.In particular, the clerks in county have a specific role, who act as a specific organizer and actual undertaker, their own literacy, social experience and management level and other complex factors which directly related to the social.The fourth chapter is to focus on analysis of the profound modernization of the Qing social development, and to explore the inevitability of evolution and Transformation about traditional disaster relief thought and practice in the late Qing Dynasty.With the deepening invasion and a large number of goods dumping in the background, the ancient Chinese society is forced to start the transition towards modernization, setting foot in economic development of Western capitalism.The traditional structure of Chinese farming economy begins to gradually disintegrate, agriculture and management of state affairsare difficult to sustain.The unsustainable bitter reality makes civil patriots set off a massive, long duration, a vast depth of participation of civil power to “Charity”, changing the low and single government-led relief mode and demonstratingtheir unique social role in practice disaster relief. Facing a lot of natural disaster relief and social problems, people begin to draw more attention to the traditional theory of disaster relief and response mechanisms and have a more profound understanding of the essence of repair and remediation capabilities defects. They are to set up a direct link of modern industry and commerce to foster and reinforce the foundation against natural disasters.Bydeveloping modern industry and commerce against disasters, to fundamentally change the backward and poor social productive forces, people're going toenhance the overall ideology of social disaster prevention and response capacity, and ultimately break up the small-scale peasant-themed thinking barriers in traditional society for thousands of years. Therefore, ancient and traditional thinking and practice disaster have emerged a new kind of content and form, and come to begin the historical process of the modernization and transformation.The fifth chapter is about paper conclusion.On the one hand, under specific circumstances of the ancients, we shallcomprehend the need for cognitive responses and the corresponding system to natural disasters,which is rational and reasonable.The legal system of the Qing Dynasty and practical value, and its strict rules and regulations which have a complex technical operation under the system of traditional bureaucratic practices, are promoting counties societydisaster relief actions to be official and of standardization, saving countless survival rural lives, to relieve large people lives, to repair the social production and reproduction of order, to maintain stability role of traditional governance order,which have rich and detailed facts, keeping in line with the objective reality of social needs, their historical value can not be denied.On the other hand, this traditional disaster relief legal system is rooted in small-scale peasant economy basis with its essential defect.Because of the vulnerability and tenacity characteristics of peasant economy, thousands of years of economic structure keeps little progressive,withharsh intense exploitation by upper class, peasants are resulting in poornessand suffering endless pains of common extreme poverty and weakness.Though the Western powers have brought the Chinese a heavy national disaster, theyshow off another cultural pattern,namely industrial and commercial economy model, which provides Chinese people a different new vision to reviewthe peasant economy, finally breaking through the barriers of agricultural epoch thought.The traditional social disaster legal system is about to evolve and transform fromthe peasant economy to a market-oriented economic structure, the traditional imperial autocracy is slowlyaboutto transition to a modern democratic society. |
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