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The Research On Legal Regulation Of The Li Nationality In Hainan Area In The Qing Dynasty

Posted on:2014-04-09Degree:MasterType:Thesis
Country:ChinaCandidate:W Z HanFull Text:PDF
GTID:2256330401974304Subject:Legal history
Abstract/Summary:PDF Full Text Request
The Qing dynasty as the last feudal dynasty ruled Hainan, it summed up the historical central areas on the basis of experience of the Li nationality in Hainan, according to the specific circumstances of the Li nationality areas in Qing dynasty, formed a special legal system of governance. First, the Qing government establishes an overarching policy for legal governance of Li nationality in Hainan:governance in the way of folk custom and Li nationality itself. In determining the specific governance policy at the same time, according to the Hainan province situation, with Tushe, local officials, Li jia, Bao jia, Haiphong Fu Li Tongzhi department and Fu Li Bureau for all levels of government organization construction form. In the process of governance, and gradually worked out is different from that in the Mainland, the State law and customary law a total reconstruction of the legal system, constitute the legal system by criminal law, civil law, administrative law, including a variety of legal forms:clear the central government to develop national law apply to Li Minority special law, the emperor issued various Chao Edict, the regulations established by the local officials at all levels in the Li Minority, notices, Li District engraved legislation ban shows monument and Li traditional customary law. Qing government established many laws can be implemented, to play its proper value, according to the nature of the legal norms, to the economy, the administration, culture, the social order Li people society carried on had clearly stipulated:in the economy, including the restoration of the agricultural economy, the development of Li, the development of Li commercial economic development; administrative, including specification of the behavior of local officials and resident officers and men of the Li people administration; cultural including the opening of schools, spread inland culture, to change Li nationality Vulgar; social order, including regulatory Fan Li Han exchanges behavior, norms the Li Minority dispute resolution methods, the situation of the overall formation of the Qing government in a unified legal order within the legal governance of Li Minority.The legal governance of Li people in Hainan area in the Qing Dynasty,has a positive effect on the Li Nationality Area:Li Minority area by the Qing government into a unified law order range, and the formation of the national legal order and Li customary law; mandatory rules effectively promoted the economic development and the evolution of civilization Li area; improving the relationship between Li and Han, Li Minority area and central government with the legal management of social security; with the integration of Li customary law, Chinese law culture has been further enriched and developed. At the same time, there are still some shortcomings in governance of Li nationality:including the rulers control negative attitude, the legal standard is too radical, legal measures are not perfect, can not completely solve the contradiction between Li and Han nationality. Summarizing the law governing the areas of Li nationality in Hainan in the Qing dynasty’s achievements and problems, The present stage country in process of social management, must persist in managing state affairs according to law, pays great attention to the national unity, maintains the social stability, constructs the socialism harmonious society under the rule; in the process of governance of ethnic minorities, pay attention to the benefit of law, national law and the customary law of ethnic minority common application.
Keywords/Search Tags:the Qing Dynasty, the regions of Li Nationality, governance in theway of folk custom and Li nationality itself, legal governance, the unity of thelegal system
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