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On The Construction Of Judicial Integration In Tusi Area In Qing Dynasty

Posted on:2021-06-22Degree:MasterType:Thesis
Country:ChinaCandidate:Y HeFull Text:PDF
GTID:2506306290993599Subject:Chinese history
Abstract/Summary:PDF Full Text Request
The Qing Dynasty was a period of development and consolidation of my country’s unification and multi-ethnicity.The Qing central government took various measures to consolidate the unification of the country,and the construction of judicial integration between the chieftain and the mainland is a key part of it.The judicial organization and functions of the Yamen in the Tusi area are similar to those of the Yamen in the Mainland.Tusi is the highest judicial officer in its jurisdiction,and has the power to make autonomous judgments on civil punishment cases filed by the Tus.Due to the weak judicial concept of Tus and Tus,the judicial order is chaotic,and most of them are not tried according to law.The judicial rights of the indigenous people are not guaranteed.In view of this,the Central Government of the Qing Dynasty transplanted the mainland judicial system to the Tusi area,actively promoted the integration of the Tusi area and the mainland judicial system,and gradually established a relatively complete litigation system,arrest system,trial system and penalty system in the Tusi area.This allows the local people to have legal systems in civil and criminal cases.Its performance is as follows: in terms of prosecution,the prosecutor must prosecute in accordance with the prosecution procedure,and must follow the procedural principles in the "legislation",and the right of prosecution of special groups is restricted.In terms of arrests,Yamen must issue a subpoena before summoning or arresting witness cards,rural security guards,criminals,etc.It is not allowed to arrest arbitrary personnel at will.The arrest of the murderer must also be completed within the prescribed time.In terms of trial,convictions are made according to laws and regulations,the trial principle of “gradual review to review” is implemented,and trial responsibilities at various levels are regulated.In terms of punishment,the punishment is carried out according to the "five punishments".In dealing with the problems of the Tusi area,the Central Government of Qing Dynasty realized that to strengthen the rule of the Tusi area,it was necessary to implement the policy of land reform and repatriation.The wide implementation of land reform and integration has provided favorable conditions for the construction of judicial integration.The implementation of the Han law in the process of governance has a direct impact on the local people,making the local people’s awareness of the law stronger and having a positive effect on the implementation of the Han law..At the same time,the Confucian ritual law and law popularization education were actively carried out for the local people.Establish a wide range of schools in the Tusi area so that they can learn Confucian ritual laws and understand national laws.In judicial practice,the integration of Confucian ethics and the trial of sentencing in accordance with the principles of Confucian ritual law have made the Confucian ideological Tusi region have an important impact.This measure made the "national law" have an important impact on the Tusi society,and for the Turks,their judicial rights were guaranteed.For the toast,it limits judicial power and increases judicial responsibility.As far as the country is concerned,it has strengthened the control of the toast area,which is conducive to the unification of national laws.But there are also many shortcomings,such as the preservation of the toast and the original customary law.
Keywords/Search Tags:Qing Dynasty, Tusi area, Judicial system, Judicial integration
PDF Full Text Request
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