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Research On Evidence System In Ancient Mongolian Law

Posted on:2021-05-19Degree:MasterType:Thesis
Country:ChinaCandidate:L ChaoFull Text:PDF
GTID:2416330623984798Subject:Law
Abstract/Summary:PDF Full Text Request
The evidence system is the system that the sheriff must follow when trying a case,whether it is the ancient judicial practice or the modern judicial practice or the litigation theory,whether it is the civil law system or the common law system,the core of which is evidence.Evidence is the material or basis for proving the facts of a case.The ancient Mongolian judicial system also attached importance to evidence and its function without exception.The evidence system in ancient Mongolian law was formed by the codes issued in various periods of ancient Mongolia and the local legislation in the Qing dynasty concerning the types of evidence,rules and burden of proof,etc.,and the legal system was constantly developed in the judicial practice of ancient Mongolia.The research of the evidence system in ancient Mongolian law can not only provide a new perspective for the study of the legal history of Mongolia,but also reveal the generality and uniqueness of the evidence legal culture of the nomads in the comparison between the ancient evidence system and the evidence system of ancient Mongolian law,thus providing more historical materials for the study of modern evidence system.In this paper,the integrated use of historical comparative method,typical case analysis and other research methods,the thesis analyzes the ancient Mongolian code in different historical periods,and the Qing dynasty Mongolia region legislation and local legislative regulations on evidence in Mongolian region,combining with the history background,social structure,the era characteristics,discusses the content and characteristics of evidence in the ancient Mongolian law system.This paper consists of introduction,body and conclusion.In the introduction,the research status,research value,research method and paper structure are expounded.The text is composed of four parts: the first part analyzes and sorts out the codes issued by ancient Mongolia in various periods,the national laws implemented in the Qing dynasty and the provisions on evidence in the local legislation of Mongolia;The second part analyzes the types and ways of evidence in ancient Mongolian law.The third part analyzes the rules of evidence and burden of proof in ancient Mongolian law.The fourth part analyzes and summarizes the characteristics and functions of evidence system in ancient Mongolian law.The conclusion part summarizes the viewpoints of the whole article.
Keywords/Search Tags:ancient Mongolian law, types of evidence, rules of evidence, standards of proof, the characteristics
PDF Full Text Request
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