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A Study On Qing Dynasty In Dali Bai Region National Customary Law

Posted on:2016-05-26Degree:MasterType:Thesis
Country:ChinaCandidate:H XueFull Text:PDF
GTID:2296330464460464Subject:History of Chinese Ethnic Minorities
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The Qing dynasty in Dali Bai region national customary law is the sum of norms behavior of the Bai people, which is formed in the people’s production and life and is to adjust the social relations in all aspects of their social life. It is independent of the state laws, and is mandatory and binding.It is an important part of the legal culture of the Bai people as well as its main carrier and manifestation. The customary law often exists in an unwritten form, and covers all levels and kinds of social relations, such as civil aspect, criminal aspect, environmental protection and justice. Therefore, it’s necessary to discuss the Qing dynasty in Dali Bai region national customary law, at the same time as a particular period of the minority nationalities’ customary laws that its characteristic is also we must grasp and understanding, through the analysis of historical materials and stone inscription, the Qing dynasty in Dali Bai region national customary law has retained the original social democracy of residual, and usually related to religion and traditional morality, and the method of unity, punishment regardless of the people, by the adjustment is the main content of the marriage and family are of the utmost importance, property inheritance, crime and punishment, mediation, etc. On the basis of analyzing the characteristics of he Qing dynasty in Dali Bai region national customary law, we can know the functions of the Qing dynasty in Dali Bai region national customary law, which it’s very important for developing and maintaining the Qing dynasty in Dali Bai region national customary law.This article discusses the Qing dynasty in Dali Bai region national customary law step by step, and try to use both ethnology and law point of view of interdisciplinary ethics research, in order to find out the modern value of mining the Qing dynasty in Dali Bai region national customary law in its modern value characterized by three parts, the first is the Qing dynasty in Dali Bai region national customary law in the concept of harmony can promote the construction of socialist spiritual civilization in our country, the second is the Qing dynasty in Dali Bai region national customary law, which is an effective supplement to the legal construction of our country, our country legal system construction has been for many years, has made great achievements, however, customary law, as a kind of local resources, can make up for the inadequacy of state laws in some ways, the appropriate apply common law in Bai region can also improve judicial efficiency, at the same time in the present stage through the common law explanation means to make up for the inadequacy of enacted law, can contribute to the realization of the function of minority nationalities’ customary laws, the third is the Qing dynasty in Dali Bai region national customary law, which can promote social control further virtuous circle.These conclusions are based on for the Qing dynasty in Dali Bai region national customary law in the Qing dynasty inscriptions, refer to historical materials and documents, etc, and hope these can make the Dali Bai national customary law in the long-term development in the region, complementary with the national laws, promote the legal construction of Dali Bai nationality region.
Keywords/Search Tags:Qing dynasty, Dali region, National customary law
PDF Full Text Request
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