Research On The Judicial System Operation Of Mongolian Banners In Ordos In The Qing Dynasty

The issue about the Mongolian judicial history in the Qing Dynasty had been discussed heatedly in recent years both in domestic legal study and in Mongolian study field.Originated from the Nomadic culture in North China,Mongol law system's unique content and development path are valued greatly by by the domestic researchersas well as international researchers..From the ancient "Yoson" occured before the Yuan Dynasty to the Mongol Law of Qing Dynasty,the Mongolian judicial system had been gradually developed with the time.Regarding to the research on the ancient Mongolian judicial system,the former researchers had been focused on the evolution system?clause establishment?legislation policy,etc,while the research on the specific operation of judicial system and the actual application of the judiciary act had been the research weaknesses.The reason is that lack of historical files in details.In recent years,the collection and publishing of the Mongolian Files of the Government Offices in the Qing Dynasty provide the opportunity for the research.The thesis is based on the historical files,such as:Files of Zhungeer Government offices and Files of Etuokc Government Offices which are collected in Inner Mongolia Archives;Files of Ilangjin Government offices which is collected in the Archives of Ordos;and Alxa Government offices which are collected in Alxa Left Banner combining with the Mongol Law,the Regulation of the Li Fan Yuan,the Regulation of Code of Qing,etc.The thesis tends to discuss the institution function and the trial system of the judicial system of the Mongolian banners in Ordos.At the same time it studies empirically the operation mechanism and the judicial practice of the judicial branches in Mongolian banners supported by case analysis.,And also it concludes and summarizes systematically the characteristics as well as the development and changes of the judicial system.The dissertation contains the following four parts.The first chapter "the judicial management system,supervisory organs and the applicablelaw of Mongolian banners in Ordos in the Qing Dynasty",it studies on the"Banner-League-Department" three-level trial system in the field of judiciary of Mongolian banners in the Qing Dynasty and the trial activities of the grassroots judicial in the banners,discusses about the functional installment of the judicial officers in Mongolian banners in the Qing Dynasty,and combs the applicable law in the judicial judgment in Mongolian banners.The second chapter "Each system in the judicial operation of Mongolian banners in Ordos in the Qing Dynasty".It discusses about the concrete reflection of the various systems such as the arresting system,trial system and penalty system in the judicial practice.The third chapter "trial for Mongolian law cases within Mongolian banners in Ordos in the Qing Dynasty".In this chapter,taking full advantage of the legal cases from the historical materials like Files of Hangjin Government offices and the Files of Zhungeer Government offices in Mongolian,it analyzes and studies on the various criminal and civil cases which broken out among the Mongolians within Mongolian banners by case study method.The forth chapter "trial for legal cases between the Mongolians and the Han People in Mongolian banners in Ordos and The segmentation of judicial power".Taking full advantage of Mongolian and Chinese historical files,it expounds upon the complicated historical background of the legal cases which frequently broken out between the Mongolians and the Han People,analyzes the situation of litigations and trials of these cases by case study,concludes the profound influence of the cases which are related to the Mongolians and the Han People on Mongolian banners,explores the causes,concrete reflection and the consequences of the appearance of partition of judicial power.