On The Judicial System Of Miao Nationality's Region Of Guizhou In Qing Dynasty

The judicial system is an important way to solve various kinds of disputes,conflicts and crimes in borderland minority regions.During Qing dynasty,the judicial system of borderland minority region possessed the most characteristics,showed the style of "administrative emphasis on north China rather than south China".And in south China,the typical representative of the judicial system of borderland minority region was the Miao nationality's region of Guizhou,it either differed from Mongolia,Huijiang and Tibetan regions,or from other national regions of Guizhou.In the Qing Dynasty,Guizhou was located in the border area of the dynasty,and a large number of Miao and Dong nationalities lived there.In the real field of Guizhou Miao area,there were both national law and folk law.There were both the law of formulation and the customary law of minority nationalities.There were both the judicial and the folk mediation,both the judicial system and the national folk dispute settlement mechanism,and the pluralistic and complex judicial field provides the rich research material for the academic field.This article takes the Qing Dynasty as the time dimension,takes the Miao area of Guizhou as the regional dimension,takes the judicial system as the content dimension,and always takes the judicial system of the Miao area of Guizhou in the Qing Dynasty as the main line.The research content includes the evolution theory,the characteristic theory,the law source theory,the composition theory,the concurrence theory,the comparative theory and the reference theory.In terms of a country's judicial system,each dynasty in the Qing Dynasty adjusted the jurisdiction of the Guizhou Miao area,set up the judicial organs in an all-round way,cleared the jurisdiction of the judicial official,and implemented the flexible judicial strategy.Its main characteristics were the diversity of cases,the punishing of major crimes,and the initiative of judicial functions.The source of trial law was composed of regular sources and special sources,and had different characteristics in legislation and law.The most prominent was the habitual law of the Miao nationality being incorporated into the Code of Qing Dynasty.Included seven central judicial organs,three government offices and six local judicial organs and nine local judicial officers Jurisdiction had the characteristics of universality,particularity,comparison and dynamism.The time limit was from scratch,the steps were the change of cases,and the implementation was the emphasis and instruments were various.In terms of the non-governmental dispute solving mechanism in Miao area of Guizhou in the Qing Dynasty,there were the following patterns of representation,Qingshuijiang River Manuscripts,Leaders Argument,Rules of Kuanyue,Song Poems of Lang Debate,village regulations and non-governmental agreement.There existed conflict among non-governmental mechanisms and the national judicial system in the aspects of value pursuit,adjudication and judgment basis,hearing and execution procedure.Furthermore,"Liuguan" and "Tuguan" hold different attitudes and expressed different appeals,and the major reasons of the conflict were the differences in economic base,legal sense and national culture.The combination among these non-governmental mechanisms and the national judicial system was mainly embodied in the contract,the dongkuan,and the country.Compared with the judicial system of the Guizhou Miao area in the Qing Dynasty,it was mainly the comparison of the judicial system between Qiandongnan and the northwest of Guizhou.In terms of the order of judicial system,the northwest of Guizhou was preceded by Qiandongnan.As far as judicial advancement was concerned,Northwest Guizhou was stronger than Qiandongnan.As far as judicial factors was concerned,Northwest Guizhou was less than Qiandongnan.With reference to the judicial system of Guizhou Miao area in the Qing Dynasty,taking it as a reference,it reflects on the adjustment and adjustment of the civil standard legislation and judicial system in modern ethnic areas,and mainly interprets its beneficial factors,realistic predicament and path design for the folk standard legislation in ethnic areas.For the adjustment of judicial system in ethnic minority areas,the necessity,feasibility and reality are mainly discussed.There is a saying that the history should be treated and identified with modern perspective to draw lessons from history,the ancient achievement lays the foundation for the human world,the prosperous world in modern times can not be separated from the ancient civilization.As the most of the local official records of the Miao nationality's region in Guizhou was destroyed by the ravages of war during Qing dynasty,it causes a lot of inconveniences for the academic studies,and it is difficult to interpret the judicial system via specific court verdicts of the government.Fortunately,it is available to clear up the history,law source,composition,competition and cooperation,comparison,reference and other problems of the judicial system of the Miao nationality's region in Qing dynasty from the official history,local chronicles,ethnography,contract,inscription,genealogy book and other historical data,so as to make up the vacancy of academic study.And meanwhile,under the strategic measures of comprehensive law-based governance in China's contemporary era,these data can offer an inspection function for the reform of the race region's local versatility legislation and judicial system,so as to advance the harmonious development between the folk law and national law of race regions,and to promote the harmonious integration between the non-governmental dispute solving mechanism and national judicial system of race regions.