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Study On The Legal System Of Mongolian Ecological Protection In Mongolia Yuan Period

Posted on:2018-12-24Degree:MasterType:Thesis
Country:ChinaCandidate:R G G SuFull Text:PDF
GTID:2336330515979486Subject:Law
Abstract/Summary:PDF Full Text Request
Since ancient times,the Mongolian nation has a special reverence for nature,there are all embodied in the worship and protection of nature in its national cultural,religious customs,production and life,the legal system,the Mongolia ruling class give legislative supervision and protection to ecological protection in the proess of gradual development and expansion of the regime.Throughout the whole historical process of Mongolian ecological legal system development,it can be subdivided into the period of customary law,the Mongolian empire,the Yuan Dynasty,and the Mongolian regime which existed in the northern border of Ming Dynasty—North yuan.There is a link between the four periods,here will be collectively referred to as the Mongolian period.During this period,the ecological protection system of the period has a strong national color,and the inheritance and development of different emperor in different periods have formed a system of ecological protection with strong system and unique Mongolian characteristics.Through sort out the ecological protection system in the Mongol Yuan Dynasty,it can not only restore the original history of the time,to explore the rationality of its system,but also provide an important guide to the current legal construction of the environment.When you analyzing the ecological protection system in the Mongol Yuan Dynasty,the most important thing is to clarify the historical changes and main contents of the system.In the period of unwritten customary law,most of the contents of ecological protection come from taboo,which recorded by "no,prohibited,forbidden" and other forms.During the Mongolia,people stipulated the “taboo” to the first written code which has been promulgated by Mongolia,after that the ecological protection of Mongolia runs a legal road.In the Yuan Dynasty,the ecological protection system made a qualitative leap,whether its content or form reached the heyday.In the North yuan period,the Mongolian Khan regime retreated to the MoBei grassland.Mongolian tribal Khan made a detail provision on the basis of ecological protection system in the yuan dynasty,especially made a significant contribution to the wild animal protection content.The ecological protection system in the Yuan Dynasty includes rich ecological legislation,characteristic ecological management institutions,and harsh ecological punishment.Legislative content can be divided into the following four categories: First,the legislation to protect grassland.The grassland is the natural basis for the survival of the Mongolian regime,in order to effectively manage and protect the grassland,Mongolian created a national characteristics of animal husbandry system-round animal husbandry system according to the season and the law of the population,which can not only guarantee the stability of livestock breeding,but also to ensure that grassland water plants abundance.Round animal husbandry system gradually mature through continuous development and it is still in use today.In addition to the round animal husbandry system,in order to protect the grassland,the Mongolian regime combined prohibits the destruction of grassland and forbidden grassland shortage of fire,and it realized dual protect to grassland.Particularly in the context of prevention grassland shortage of fire,the North yuan government introduced rewards and punishments mechanisms,ecological legal system gradually tend to the direction of scientific and civilization.Second,the legislation to protect the water.The frequency of water protection law enacted during the Mongol Yuan Dynasty was very high and the content was constantly expanding.Such as in the Yuan Dynasty,it is converted from ground water development and utilization to groundwater development and utilization.Third,the legislation to protect the wildlife resources.On the one hand,wild animals has an important ecological status in the ecological chain,the protection of wild animals is not only to ensure the number of rare and rare animals,but also to protect the diversity of biological species to achieve the ecological chain of balance and stability.The protection of wild animals reached its peak during the Yuan Dynasty and the North yuan period,the content is listed on a list by the type of protection,and the scope is continually expanded,and even the protection sites were clearly delineated.On the other hand,there is a close relationship between hunting and wildlife protection.Hunting is not only the means of training the army in the war,but also the key link between balancing the ecological balance between man and nature.To this end,the Mongolian government has imposed a number of clauses on hunting,like hunting time,hunting places and prohibited species.This committed to effectively reduce the behavior of people overcrowding and killing.Fourth,the legislation to protect animal husbandry.Mainly for domestic five livestock,especially the special protection of horses.in the protection of animal husbandry legislation,the Mongolian government made severe penalties for stealing livestock,and take cruel Corporal penalties for the looting of livestock behavior,and give different degrees of penalties for different people to steal different species of livestock,and reflects the obvious period Hierarchical system.In the North yuan period,the most characteristic of the ecological protection system was the reward mechanism for the rescue of livestock behavior,and the punishment of reward and punishment was at the same time to achieve good legal effect.Finally,the legislation to protect forest resources.The protection of trees implement the Mongolian period.Yuan dynasty,royal or imperial court began to step in central planes and developed agricultural production,which agriculture production with mulberry,fruit trees and so on got the key protection and made specific punitory rules for the behavior of cuttings illegal.The Mongolian ecological protection system,including not only the specific legislation,but also has the administrative machinery of the ecological protection,including the horse government agencies and hunt Eagle housing agencies,In the Yuan dynasty,the administrative organs for the management of the horses were set up for the first time,Taipus Temple,the management of the horses all over the world,Shang cheng Temple,the management of the royal imperial Palace and the other institutions that manage the horses.The horse government agencies in Yuan Dynasty had a huge influence for developing animal husbandry.The Eagle Housing Agency has an important contribution to the to the development of the protection of wildlife.In addition to the development of the destruction of the ecological environment of the penalty system and the great national color of the felting,basically include all aspects of grassland ecological protection,validly maintain the stabilization of the Mongolian regime at the time and the entire social's environment order,and the resources get the maximal use,get a very significant legal effect.Through the deep analysis of the ecological protection system in the Yuan Dynasty,combined with the present situation of the environment of modern society,the following inspiration is made to our society today: First,the scientific concept of ecological standard can promote the green environmental legislation;Secondly,the ecological system of the Yuan Dynasty is an important paradigm for the harmony between man and nature in today's society.Then,the rewards and punishments in the Mongolian ecological system are worthy of reference for today's society.Finally,the Mongolian ecological system has an important significance for the establishment of an environment-friendly society.
Keywords/Search Tags:Mongolia Yuan, Ecological Protection, Legal System, Revelation
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