The Study Of Common Law In The Nurhachi Period(1616-1626)

Nuerhachi period in the late Qing dynasty feudal society of China is an important historical stage of the early common law before and after its customary law to clear customs in the late feudal society of China and even the development of the legal system has important influence on the formation and development,so study on customary law Nuerhachi period customary law is an indispensable link in ancient China.To common law,a comprehensive understanding of Nuerhachi period to define an indispensable habits and common law,in this paper,by comparing the difference between the habit and customary law,summarizes the two characteristics of common law regional and spontaneity,to see the content of the common law enacted law is different from the country;According to the historical data,the main sources of common law in the Nurhachi period are tribal customs,moral codes and religious rules,and the formation of common law in Nurhachi period;It is mainly through the legal forms that appear in the old file of manchu wen,which has the order and resolution of the common law in this period.Nuerhachi period and the main content is the research core of the common law,the author will Nuerhachi period customary law according to the military,political and criminal,civil,classify,litigation five aspects detailed introduction Nuerhachi period,the main content of the common law.Study on the significance of customary law must Nuerhachi period Nuerhachi period,expounds the influence of customary law,including the Huang Taiji period on the military,political and legal criminal,civil,and trial five aspects of inheritance,and reflected in all aspects of the Shanhaiguan in statute law.Customary law in the Nuerhachi period evaluation is on the deep understanding of the customary law of Nuerhachi period,including common law applicable law of inequality,Nuerhachi period kept backward tribal habit and the characteristics of more prudently handling ethnic relations;At the same time,it also elaborates that the common law of Nurhachi has the function of adjusting the legal relation and making up the insufficiency of statutory law.Finally,the enlightenment of the common law on the governance of the country is obtained through the following three factors: natural,integration and harmony.The common law of the Nurhachi period not only played an important role in thelegal order of the period,but also had an indelible contribution to the development and application of the customary law in the late Qing dynasty.The customary law has its unique role in the better adjustment of social order by national law,and it is the source or supplement of national law in a certain scope and historical period.Therefore,this article focuses on the Qing Shanhaiguan Nuerhachi period before conduct the thorough research to the common law,in order to explore the Nuerhachi pomp and customary law in the period of the development in the inheritance and continuity of Huang Taiji period,even it's impact on the construction of rule of law of Qing dynasty,and from the effect of it on the governing revelation,to discover the rationality of the customary law to adapt to a society should have.