The Study On The Daily Legal Life Of Yunnan In The Qing Dynasty And The Republic Of China

Located in the southwestern border of China,Yunnan is a unique multi-ethnic province with many ethnic groups and 26 ethnic groups including the Han nationality.During the Qing Dynasty and the Republic of China,a large number of contract documents were produced and formed in Yunnan area,bearing rich minority elements,indicating that the contract documents had been deeply embedded in the daily life of Yunnan minorities at that time.The contract documents of Yunnan in the Qing Dynasty and the Republic of China record the economic exchanges of the ethnic minority people in Yunnan from buying and selling and pawning property to marriage and family activities of marriage,funeral,marriage and property analysis,and to the identity activities of teachers,which cover many aspects of the daily life of the ethnic minority people.They faithfully record the legal system of the Qing Dynasty and the Republic of China and Yunnan folk customary law.They are parallel with the mainstream national consciousness in an independent manner and preserve the original legal history of Yunnan minority.The research idea of this paper is:with the help of contract documents of Yunnan in Qing Dynasty and Republic of China,we excavate the customary law followed by the daily life practice of Yunnan folk people of all nationalities,supplemented by the provisions of national codes and decrees as a reference,to show how the daily life of Yunnan people of all nationalities is carried out under the restraint of the legal system composed of national law and folk customary law.Then it analyses and summarizes how the multi-structure legal system responds to and expresses the core issues of Yunnan folk daily life,Finally,we understand the complex interaction between national law and customary law in the process of daily life of Yunnan people of all nationalities,and summarize the enlightening experience for the current legal system construction in China.Because the legal norms and practices recorded in contract documents are scattered and unsystematic.In order to eliminate this regret,the first chapter outlines the macro-context of the social,political,economic and legal structure of Yunnan in the Qing Dynasty and the Republic of China.It is hoped that through this treatment,the original fragments of life can be linked together,and an interaction of understanding and interpretation can be formed between the part and the whole.In the second chapter,the author analyses the property transaction practices of Yunnan people of all nationalities recorded in the sales contract,pawn contract,tenancy contract and loan contract,combs and presents the customary law in the property transaction practice,including the customary law of minority nationalities,and paves the way for the later excavation and discovery of a comprehensive and complete legal system of Yunnan folk property transaction.Chapter three combs and compares the customary law of property transaction summarized in Chapter two with the national law,and finds that the main legal system,which was carried by contract documents,came into being in the practice of private property transaction in Yunnan Province of Qing Dynasty and Republic of China,including property system,land and house contract system and "third party group"system in property transaction.They arise from the practice of private property transactions and react to the practice of private property transactions;they are not completely consistent with the national law,they are the product of the copying or transformation of the national law on property,property transactions and Property Contracts in practice,and they are the "living,law in the practice of private property transactions;they are the combination of national law and customary law.In the fourth and fifth chapters,we continue to use the same research ideas,combining the provisions of the state law on marriage and family with the legal practice of the folk families in the Qing Dynasty and Yunnan Province recorded in the contract documents,combing and summarizing the legal system that the funeral,separation,marriage and heir activities really follow in practice;and combining the provisions of the state law on handicraft and commerce with the contract documents.Comparing the records of the Qing Dynasty and the Republic of China,Yunnan folk investment teachers,learning and art,employment,population trading and commercial legal practice,this paper sumlarizes the legal system of real adjustment and standardization of investment teachers' learning and art,employment,population trading and commercial activities in practice.Finally,it is found that the legal system that really plays a role in the practice of folk daily life is the complex after the folk customary law and national law infiltrate each other and learn from each other.In the conclusion,it is pointed out that the legal system of regulating and adjusting the daily life of Yunnan folk in Qing Dynasty and Republic of China is composed of the national law and Yunnan folk customary law,which is composed of the customary law of minority nationalities.Of course,they are not simply combined The relationship between the two is the coexistence of conflict and consensus.Of course,it is not a simple combination of the two.The relationship between the two is the coexistence of conflict and consensus.It also discusses the development trend of Yunnan's daily legal life in the Qing Dynasty and the Republic of China,and points out that in the Qing Dynasty and the Republic of China,the main parts of the legal system that actually played the funetion of adjustment and restraint in Yunnan,s folk daily life were homogeneous and had significant feudal legal attributes,which were manifested in the following aspects:strong patriarchal clan color;the status of the subjects of civil legal relations was not the same.Equality;contractual behavior still has obvious "personalized,characteristics.In the period of the Republic of China,the non-main part of this legal system began to show a weak trend of modernization,such as:the principle of freedom of contract has been reflected in practice;the principle of equality has been recognized and implemented in legal practice.Finally,the beneficial enlightenment from the research on the daily legal life of Yunnan folk in Qing Dynasty and Republic of China can be summarized as follows:firstly,we should correctly understand the social control ability of national law;secondly,we must treat folk customary law correctly;thirdly,we should properly absorb the reasonable factors of folk customary law in the construction of modern Chinese legal system.