| From the Han Dynasty to the middle and late Qing Dynasty,the vast areas,including both north and south of the Tian Shan Mountains in Xinjiang,were collectively called the Western Regions.In 1884,Qing China established Xinjiang as a province,and took the meaning of “old frontier returning to the homeland”,renamed the Western Regions as “Xinjiang”.In 60 BC,the Western Han China established the Protectorate of the Western Regions,and Xinjiang officially became a part of the Chinese territory.According to A biography of Zheng Ji in the History of the Former Han Dynasty,after the establishment of Protectorate of the Western Regions,“the order of the Han Dynasty was promulgated in the Western Regions”,which means that the Chinese legal system was initially established in the Western Regions,and the law of the Western Regions was also been brought into the Chinese legal system.After the Han Dynasty,all dynasties regarded the Western Regions as her native land and exercised its jurisdiction over Xinjiang.The Chinese legal system was also rooted and strengthened in the Western Regions,and the laws of all ethnic groups grew and developed in the Chinese legal system,bearing the imprint of the pluralistic integration of the Chinese legal system.The Chinese legal system is the crystallization of the legal practice of the Chinese people over thousands of years.It is a legal tradition and legal system gradually formed by the Chinese people based on the essence of traditional thought and their own cultural basis in the time-honored development history of the Chinese nation.The Chinese legal system was formed from the Warring States period to the Qin and Han dynasties.After the founding of the People's Republic of China in 1949,fundamental changes took place in the economic base and superstructure,and the old Chinese legal system ceased to exist.As far as the characteristics are concerned,first,the Chinese legal system takes the traditional Confucianism as the basic guiding ideology and theoretical basis,and integrated the quintessence of Legalism,Taoism,Yin and Yang,as well as Buddhist theories,which is the collection of traditional cultural thought;second,the Chinese legal system also reflects the strong ethical color.As a legal system that integrates traditional culture,Chinese law is built on Confucianism,which makes the law also put on the color of Confucian morality of human relations.Third,while adhering to the status of the subject of national law,the Chinese law system also confirms the effectiveness of folk law,and absorbs all kinds of clan regulations and domestic disciplines in an inclusive manner.Fourth,the legislation and judicature of Chinese law system have always been centralized in the central government with the integration of judicature and administration,mainly criminal law.It has both civil law,administrative law and procedural law,and the laws are combined and mixed.Fifth,the Chinese legal system integrates the legal consciousness and legal wisdom of all ethnic groups with the Han people as the main one.Combining these characteristics,the Chinese legal system has been growing in the dynamic development.China has been a unified multi-ethnic country since ancient times.From the pre-Qin Dynasty to the Qin and Han dynasties,the cultures of all ethnic groups exchanged and mingled continuously,and finally formed a magnificent Chinese culture.In essence,the Chinese legal system is an integral part of Chinese culture,and it is also formed in the exchange and blending of the law culture of all ethnic groups in Xinjiang.Xinjiang is the gateway of Chinese civilization to the West,where multiculturalism comes together and multiple cultures coexist.After the unification of the Western Regions in the Han Dynasty,the Chinese legal system was established and developed in Xinjiang.With the long-term exchange and blending of the Central Plains culture and the Western Regions culture,the laws of various ethnic groups in Xinjiang were integrated into the legal system,which promoted the development of the pluralistic Chinese legal system.Experiencing the Han Dynasty,Wei,Jin,Southern and Northern dynasties,Sui,Tang,Song,Liao,Jin,Yuan,Ming and Qing dynasties,Chinese legal system rooted,developed,and became prosperous in Xinjiang.Chinese legal system with its broad and inclusive mind,fully absorbed the law culture of various ethnic groups in different periods,thus the Chinese legal system was enriched further.The history of the development of the law in Xinjiang fully proves that when the central dynasty effectively governs the Xinjiang area and the society is stable,the more obvious the pluralistic and integrated characteristics of the law in Xinjiang.Only when the laws of various ethnic groups in Xinjiang grow in the Chinese legal system can they flourish.The pluralism of the law in Xinjiang is the synchronic pluralism in the course of the development of the Chinese legal system,which cannot be separated from the “unity” of the Chinese legal system.In the process of improving the law system,Xinjiang has followed a winding and tortuous course,trying and exploring during the practice,sometimes stagnated and sometimes advanced,but generally speaking,it was still in the process of moving forward step by step,and was increasingly integrated with the Chinese legal system,which not only enriched and strengthened the Chinese legal system,but also highlighted the tolerance and multi-ethnic color of the Chinese legal system.With the development of thousands of years,Xinjiang has formed a relatively stable and tough regional culture and ethnic distribution.It is precisely because of the integration of Xinjiang law that the Chinese legal system can build a multi-level and close network of “Tao” and “instrument”,so as to provide legal advice for the construction of multi-ethnic countries and border governance.Therefore,taking the Chinese legal system as the starting point,this paper makes a research and analysis of the law involved in Xinjiang in the Western Regions,which not only combs the historical development and the perfection of the law system in the Western Regions,but also,from the perspective of historical philosophy,can bring positive effect to promoting the construction of civilization ruled by law and exploring how to govern Xinjiang better according to law.This paper is mainly divided into the following parts to carry out the research based on the above philosophy:In the first chapter,the law of the Western Regions was initially incorporated into the Chinese legal system in the Han Dynasty.The situation was discussed that how the law of the Western Regions in the Han Dynasty was initially incorporated into the Chinese legal system.During this period,the laws of “Chengguo Country” and “Xing Country” in the Western Regions gradually absorbed the idea and system of ruling the country by virtue and propriety,and the Chinese legal system was initially established in Xinjiang.The second chapter discusses the blending of the law of the Central Plains and the law of the Western Regions in the Wei,Jin,Southern and Northern dynasties.This chapter systematically discusses the blending of the law of the Central Plains and the law of the Western Regions in the Wei,Jin,Southern and Northern dynasties with the relevant records of historical materials such as historical documents,bamboo slips documents,unearthed documents of Turpan,and Kharosthi documents.In the third chapter,the Chinese legal system was compound in the Western Regions in the Sui and Tang dynasties.Based on the comprehensive establishment of the Chinese legal system in the Western Regions in the Sui and Tang dynasties,this chapter focuses on the recognition of the Tang law by the local ethnic groups in the Western Regions and the influence of the Tang law in the Western Regions,and draws the conclusion that the local law in the Western Regions was fully integrated into the Chinese legal system in this period.In the fourth chapter,the absorption of law in the Western Regions by Chinese legal system during the five generation and ten countries,Song,Liao,Jin and Yuan dynasties.The main concern is the integration of the local law of the Western Regions and the law of the Central Plains in the five generation and ten countries,Song,Liao,Jin and Yuan dynasties,and the continuous integration of the customary law of the nomadic people and the law of the Central Plains.Finally,it makes the law system of the Western Regions move from pluralism to intgration with China.In the fifth chapter,the integration of the Chinese legal system in the Western Regions from the Ming Dynasty to the early Qing Dynasty.The social changes in the evolution of the Western Regions Law to the Chinese legal system and the consolidation of the central government were discussed.The focus is on the recognition of national laws by the various ethnic groups in the Western Regions and the influence of national laws in the Western Regions.The sixth chapter,the reconsitution of the Chinese legal system in the Western Regions Xinjiang in the late Qing Dynasty.By analyzing the overall situation of Xinjiang after the Opium War and the impact faced by the Chinese legal system,this chapter explains the influence of the New deal in the late Qing Dynasty and modern law on the Western Regions Xinjiang.This chapter demonstrates the further development of the national law in the Western Regions Xinjiang in the late Qing Dynasty.The seventh chapter is about the transformation of the Chinese legal system in Xinjiang during the Republic of China.On the basis of explaining the remnants of the Chinese legal system in Xinjiang during the Republic of China,this paper probes into the establishment of modern legal and judicial systems in Xinjiang.On the basis of summarizing the above,the conclusion part puts forward the prospect of the development of the law of Xinjiang,which is to construct a new legal system of national unity,local rule of law and national autonomy to complement each other within the framework of the Chinese legal system in order to further realize the social stability and development and prosperity of Xinjiang,China. |
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