Research On Customary Law Of The Hong Taiji

Customary law is growing up outside of the national law system, especially in thelegal system of the Qing Dynasty, the customary law also plays an important role inaddition to constitutional law. In the Qing Dynasty, customary law has two parts that theyare customary law before the Qing Dynasty and after the Qing Dynasty. It has clearlycharacteristics of continuity in this development process, the customary law before theQing Dynasty can be described the assource of the customary law of the Qing Dynasty,and even some of customary law has been handed to the Late Qing Dynasty.The legal system of the entering Qing Dynasty is the first stage of the developmentof the Qing Dynasty legal history, from Tien-ming to Tien-tsung to Chung-te, a total of28years. In this short years, the legal building of the entering Qing Dynasty hasdistinctive national features and characteristics of the times. Nurhaci period, customarylaw is the main manifestations of the law. To the Hong Taiji period, with the developmentof feudalish and the influence of Han’s advanced culture, and centralized state system offeudal despotism quickly established, the feudal rule of law starts to the creation stage.National conditions are different between the Qing Dynasty and Ming Dynasty, thelegislative activities are frequent, but generally speaking, the law of system is still rough,so the customary law is still main manifestations of the law, and it plays an importantrole.Qing Dynasty is not far from today, the legal system of Qing Dynasty draw on thesignificance of today’s legal construction, and studying customary law of Hong Taiji isthe one that important part of the studying legal system of the Qing Dynasty. Therefore,the article focus on the customary law formed in Tien-tsung period, to show importantposition of customary law and how it developed, which impact on the system of the lawin Qing Dynasty.