The Research On Jurisprudence Of Togtehtur "Business And Academics Terms"

Batuoqir Togtehtur(1797-1868,B Togtehtur for short)was an Yiledengwang Banner Zaxick County King of Khalkha Mongolian Chechen Khan Ministry in Qing Dynasty,Chechen Mongolian jurist,philosopher,educator,economist,enlightenment thinker,social reformers,and the successor and inheritor of the Mongolian culture in the 19th century.Based on the great changes in social,political,economic and cultural fields in Khalkha,Togtehtur began to promulgate the "business and academics terms"(hereinafter abbreviated as "Tao Wang Admonition")that had the characteristics of local laws and regulations since 1853.He had a unique view on the way to make a living and get rich.In order to improve the quality of the people's life,he set up"four Daxi",actively created factories and schools,carried out and spread culture and education,established temple economic entities,organized religious and enlightenment activities,conducted nomadic economy,agriculture,handicraft industry,trade and a series of reforms to improve social and economic benefits,and meanwhile reaped good social rewards.His legal thoughts,philosophical thoughts,educational thoughts,ethical thoughts and economic thoughts were embodied in the "business and academics terms" that he promulgated.From all the terms,his contributions to the nomadic culture can be learned completely,and so can be the significance in theory and practice fully.When the Mongolian established a great power across Europe and Asia to create a new pattern in the world,they had already had the superstructure of politics,law,etc..First and foremost,it was laws and regulations.According to Marx,"Every mode of production has its special and unique legal relationship."Moreover,"The legal relationship won't be understood from itself,nor will it be understood by the general development of the human spirit.On the contrary,they are rooted in the material life".Because "due to Marxist Historical Materialism and the determinants in the process of history,the final say is the production and reproduction of real life".The theory and principle on the dialectical relationship of Marx's social economy and superstructure is applied to investigate the laws and regulations of Mongolia that is as a typical representative of Nomadic nationality,which is an important research on Mongolian nationality.To study the development of laws,the right approach can be found only from the national nomadic culture,history and economy of the ethnic.The precious literature "business and academics terms"Togtehtur promulgated and implemented involves the Mongolian nomadic life,economy,politics,customs,behavior norms and civilization.To promote the development and prosperity of national culture nowadays,the "business and academics terms" is studied by use of the literature research method.It has intended to analyze and sum up the legal relationship between the Mongolian nomadic culture,economy,politics,laws and regulations as well as the material basis,the historical and cultural characteristics in the dissertation.The "business and academics terms" with the properties of nationality,philosophy,authority,and education is the customary law to regulate the life of the Mongolian,and the basis for the formulation of laws and regulations.As a literature with the condensed production experience of the nomadic life of the Mongolia patriarchal period and nomadic wisdom summarized highly,the"business and academics terms" has an important meaning in understanding the Mongolian legal thoughts correctly,evaluating and inheriting the nomadic legal culture and its value.Nomadic culture is the soul of nomadic people,the foundation for the development of nomadic people,the important part of human culture,and the important source of legal civilization in the world.Without the formation and development of nomadic culture,there will be no legal consciousness and legal thoughts of the civilized society.The protection of the diversity of human culture and development of the unique culture of all ethnic groups are the hot topics of the age currently.If the theory and principles,Marxism economic basis and superstructure dialectical relation and the interaction,on the nomadic legal civilization and culture will be put into practice,the characteristics and rules should be explored from the historical process of the formation and development of the nomadic civilization.The historical and cultural origin of the Mongolian laws and regulations depends on the nomadic economy and civilization strongly.This thesis is composed of the preface and four chapters.In the preface,the background and significance,literature research of culture and legal culture,Togtehtur's life experience,contents of the "business and academics terms",research situations and methods are introduced briefly.Next,the historical and cultural foundation of the "business and academic terms" is analyzed in the chapter 1.The second chapter is mainly about elaborating the historical background,content structure,version and revision of the "business and academic terms".In chapter 3,based on the literature research method on the"business and academic terms",the Latin Transliteration and Chinese translation is done.Finally,from the perspective of jurisprudence,the value of the legal culture is elucidated,and its inheritance value is demonstrated.Through the study of the above four aspects,all kinds of existing errors during the long-standing research period are clarified,and the contents are reclassified.It is also confirmed that there is the essence of the nomadic culture and inheritance significance of the cultural value of the Mongolian laws.