Research On Xinjiang Ethnic District Dispute Mediation System In Qing Dynasty

The mediation system in Qing Dynasty is an important part of our traditional legalculture for thousands of years; it is a judicial form with strong culture atmosphere. This papertakes The Xinjiang Files Selection of Qing Dynasty as a special focus; the author attempts toanalyze the specific real case, summarizes the types, basic features and reasons of Xinjiangethnic district dispute mediation mechanism in Qing Dynasty, comments on its valuesobjectively.This thesis can be divided into seven parts. The first chapter is introduction, expoundsresearch purpose and meanings, research idea and methods. In addition, introduces the fileused by this thesis and summarizes the related research results.The second chapter introduces the ancient mediation system. It reached a mature periodin Qing Dynasty after the development of several of dynasties.The third chapter introduces the types of Xinjiang ethnic district dispute mediationsystem in Qing Dynasty, which is divided into three types: civil mediation, official mediationand civil mediation with official approval. Among them, civil mediation is divided into clan,religion mediation, neighbor mediation and squire mediation. Meanwhile, expounds itsmediation process.The fourth chapter introduces the basic characteristics of Xinjiang ethnic district disputemediation system in Qing Dynasty, including mediation scope includes civil case and slightcriminal case, mediation depends on “emotion and reason”, custom, etc, mediation is priority,litigation is supplement and mediation forms is flexible and varied.The fifth chapter analyzes the cause of Xinjiang ethnic district dispute mediation systemin Qing Dynasty. It relies on the feudal self-sufficient smallholder economy in rural economy,and be affected by multiple “law” culture and traditional values of “no litigation” and“harmony”.The sixth chapter evaluates the positive meanings and negative affects on Xinjiangethnic dispute mediation system in Qing Dynasty. The positive meanings include firstly, it isconductive to consolidate the rule of feudalism and maintain social stability; secondly it isadvantageous to the relationships between various nationalities live in harmony; thirdlydispute solution is convenient, which is advantageous to save the judicial cost. The negativeaffects include firstly, dispute over the parties’ status inequality leads the mediation resultsunfair; secondly, mediation hits the authority of law in a certain extent and weakens people’slegal consciousness. The final chapter is conclusion part, discusses the process of research on theXinjiangethnic district dispute mediation mechanism of Qing Dynasty should be based on theobjectivity of historical documents, not subjective creation. Research of the Xinjiang ethnicdispute mediation mechanism of Qing Dynasty has played certain reference significance forthe rule of law construction in contemporary China, especially the rule of law construction innational minority areas.