Research On The Marriage And Family Ethics Thoughts Of Mongolian Legal Literature In 16-18th Century

Marriage and family ethics in ancient Mongolian society, not only can reflect in the history of their living conditions can also be appearing in their legal literature. In this paper, we using the method of literature research, according to Mongolian legal literature of 16-18th-century for the provisions of the marriage and family relations, and referencing to other historical data and related academic research, to excavate the marriage and family ethics thought of ancient Mongolian society.There have provisions about the concept of freedom of marriage in the Mongolian legal literature in 16-18century. The writer analyzed it in this paper, thinking that this concept of freedom of marriage has its significance. It indicated that Mongolian respect people's freedom choice of their own life and pay attention to their request to spirit. It laid the foundation to make a harmonious society. But it also has its boundedness:because it was the ruler who make these laws and regulations, these literature must reflect their requirements for benefits. In the process of people getting marriage, it manifests as the ruler control their civilian's marriage. In this situation, the awareness of adoptive relationship and recognitions and maintenance the status of women in the family were written in the low. At that time the law was also relevant provisions of the act reflects its ethical consideration.In the process of writing the marriage and family ethics thoughts of ancient Mongolian legal literature in 16-18th century, the writer analyzed the problem of transformation from convention and moral principles to statute law, and also analyzed the problem of whether the criminal penalty was appropriate or not. It has positive significance for the Mongolian society family that the Mongolian traditional marriage and family ethics was written in the law. In the family life of people in 16-18th century, the ruling class control and manage their subaltern's marriage and family. It reflects a sense of hierarchy when the people getting marriage at that time. In ethnic minority areas, formulate laws and regulations should be suitable for its national characteristics, and in the process of judicial enforcement law enforcement officer should respect the national habits, give full consideration to the habit of thinking way, in order to contribute to building a harmonious society.