Legal Governance Of Miao Area By Qing Dynasty

In numerous minority areas of Qing Dynasty,the Miao area's characteristics were very different from Hui, Mongolian, Tibetan and other ethnic regions.This area's geographical location was very important,so effective governance in this region had played an important role on the unified multinational country's formed and consolidated.In numerous management means,the legal governance provided security for this area's government of the Qing Dynasty,and it had promoted construction and perfection of the Qing's legal system.Research on the legal means of this area can make us understand Qing's national policy and national relationship more intuitively.It can also help us to explore the thought about Qing's governance to minorities areas,and provide reference for today.Based on QingShiGao and QingShiLu,this paper will research on legal government to Miao area by Qing dynasty,mainly study the legislation.This paper is divided into four sections.The first part will defines some concepts and explains some problems about the Miao erea.First,i will defines some concepts such as Miao,Miao people and Miao area.There are many minorities in this area,they were referred to as"yi"or"barbarians"when the difference were not very clear.Although there were meticulous classification in Ming Dynasty and Qing Dynasty,many people regarded them as one.So the " Miao"has two kinds of meanings,one refers to the Miao nationality and another refers to all minorities in this area.For the Miao nationality's development imbalance,it was divided into two parts.When we mentioned Miao area in documents of the Qing Dynasty,sometimes it refers to southwest China,include YunNan,GuiZhou,SiChuan,and GuangXi;sometimes it only refers to the area Miao people living.Second,I explains legal form applied in this area,mainly about official law.The second part summarizes legal form which applied in Miao area in earlier Qing Dynasty.Divided them into administrative law,civil law and criminal law,ect,based on existing historical documents.The content of the administrative law includes position inherited,constraint officials,ect.The content of the cicil law includes intermarriage,trade between Miao people and Han people,ect,some existed in the provisions of the ban crime.The content of the criminal law includes the punishment for officials who don't perform their duties,various criminal punishment for Miao people.It also includes some judicial contents,such as case-handling deadline.The third part Introduces governance in Miao area by the later Qing Dynasty-represented by JiaQing and DaoGuang.Historical documents inclueds LiBuZeLi and other ZhangCheng about Miao area.I don't divided them into administrative law,civil law and criminal law as the second part. Content involves officials management,trade between Miao people and Han people,Judicial power's belong and so on.The fourth part is about the characteristics and evaluation.Main characteristics are as follow:1.multitudinousness,content also describes the specific flexible.Legal form with DaQingLvLi as the fundamental,combined with other forms which drawed up according to the specific situation.2.To differentiate between different regions.3. Make use of force means and appease means,but emphasis on appease means In practice.4.Paying attention to safeguarding uniformity,and constantly assimilate Miao's legal system.5.More creative in earlier,and instability to dimension in later.Legal governance by Qing Dynasty created a good development environment for Miao area,and provided effective guarantee for the region's development,and prompted multi-national country's formation and consolidate,and occupied an important position in legal system's construction of Qing Dynasty.