A Study On The Legal System Of "Land Reform And Flow Return" In Guangxi In The Qing Dynasty

Tusi system was a political system adopted by the central dynasty in the yuan,ming and Qing dynasties when it ruled the border areas of ethnic minorities.The chieftain system of Guangxi originated from the system of Jimizhou Prefecture in the Tang and song dynasties,and was established as the chieftain system in the Yuan Dynasty,during the reign of Emperor Yongzheng of the Qing Dynasty,a large-scale reform of the chieftain system was carried out.From the perspective of time dimension,the time span of soil reform in Guangxi is large,the situation of Tusi is complex,and it is difficult to change the current.In the course of the reform,the Qing Dynasty strengthened the legislation in the key fields through the combination of ceremony and law,at the same time,according to the local custom and justice,the reform was carried out smoothly.From the perspective of historical status,the Qing Dynasty’s reform of the Tusi region of Guangxi undoubtedly promoted the economic and social development of Guangxi,strengthened the cultural exchanges between the border areas of Guangxi and Central Plain,and promoted the integration of ethnic groups,the consolidation of a unified multi-ethnic country is of great significance to the construction of the rule of law in ethnic areas,the convergence of ethnic customs and state laws,and the governance of the "key minorities" of ethnic cadres.This article is mainly divided into seven parts to discuss the legal system of "land reform and flow return" in Guangxi in the Qing Dynasty.Part1,The part is the introduction,which acts as a Tossing out a brick to get a jade gem to the article and is the starting point of the logical structure of the article,paving the way for the following discussion of the main contents of the legal system of "changing the land to return to the current" in Guangxi in the Qing Dynasty,this paper mainly introduces the background of the topic selection,carding the status quo of the research on the legal system in the process of land reform.This paper holds that the legal measures carried out by the Qing court in the process of the reform of the Tusi region of Guangxi and the return of the land to the state have a far-reaching influence on the development of Guangxi and the governance of the minority areas,and they are the governance of China’s border areas,strengthening the administration of Border Areas by law and providing a mirror for reference.Part2,The second part gives a brief summary of the Qing Dynasty’s Guangxi Chieftain System,and discusses the origin,development,decline and reform of Guangxi chieftain system.Guangxi chieftain system originated from the system of Jimi Prefecture during the Tang and song dynasties,under the influence of the "rule by custom" in the former dynasties,the Tang dynasty carried out the system of Jimi Prefecture to the minority areas in Guangxi,and set up the prefecture of border prefecture to take the place of the Central Dynasty to manage the specific affairs of the minority areas.During the Yuan Dynasty,it was developed and perfected gradually,and the Yuan Dynasty established the law of "governing by the Mongols and the barbarians".Therefore,the chieftain system was established in the Yuan Dynasty.The Ming Dynasty was the peak of the development of Tusi in Guangxi and even the whole country.In addition to implementing a large number of Tusi systems in minority areas,in Guangxi,a large number of Tusi inspection was also set up to further deepen the management of Tusi areas in Guangxi.At the end of the Ming Dynasty and the beginning of the Qing Dynasty,the chieftain system in the whole country began to decline gradually.The chieftain system ran counter to the goal of the centralized Central Unified Dynasty.Therefore,the chieftain region was "sinicized",that is to say,the reform of the land to return to the current was put on the agenda,and since then,"reform of the land to return to the current" has become the main theme of the changes in the toast system.Part3,the Qing Dynasty Guangxi area "to improve the soil flow" of the factors considered,considering that the measures taken by the Qing Court to reform the Tusi region of Guangxi mainly took into account the social foundation of the Tusi region of Guangxi,the system corruption of the TUSI system itself,and the cruel governance of the local officials,it also analyzes the historical trend of the reform of Tusi in Guangxi.Part4,The fourth part mainly introduces the course of the legal system of the Qing Dynasty,which divides the "reform of land and return to flow" into the early stage,the middle stage and the late stage.In the early period of the Qing Dynasty,the time point mainly focused on the period from the entry of the Qing Dynasty to the Kangxi Dynasty The attitude of the Qing Court to the reform of Guangxi was not deliberate,it was just a matter of following the trend.In the middle period,Yongzheng and Ganlong periods were the main periods of the land-improvement and flow-return,which was characterized by large-scale and large-area.At the end of the Qing Dynasty,the time point is mainly focused on the end of the Qing Dynasty,this period of the soil-to-flow is mainly the Tusi area to the soil-to-flow finishing work.Part5,The part mainly discusses the legal measures taken by the Qing Dynasty to reform the Tusi area of Guangxi,which are summarized as "key legislation" and "justice due to custom".Among them,the key legislation is divided into six aspects:Social Security Matters,inheritance of Tusi,land system,tax and tax matters,penalty system and imperial examination system,the recognition and application of folk customs,the reform of judicial organs in the Tusi Jurisdiction,the division of cases in the Tusi jurisdiction,and the limitation of judicial power of the TUSI officials,this paper summarizes the Qing Dynasty’s legal measures to reform the Tusi region of Guangxi.Part6,The part mainly discusses the characteristics,effects and deficiencies of the legal system of "land reform and flow return" in Guangxi,the characteristics of the legal system of the Qing Dynasty’s land reform in Guangxi are summed up into two categories: unwritten law and full respect for the customary law in the minority areas.In terms of effect,the Qing Dynasty’s legal measures to reform the TUSI system in Guangxi were undoubtedly successful from the whole point of view.Through the investigation of historical documents,it was found that the Qing Dynasty’s legal effect on the Tusi region in Guangxi was good,ethnic Resistance,resistance is weak.However,from a partial point of view,the reform of the TUSI system of Guangxi in Qing Dynasty was not perfect,and not all of the TUSI system was reformed in Qing Dynasty.In the last part,the aim of this paper is to give some suggestions for the construction of the rule of law in the ethnic areas by learning from the history,promoting the modernization of governing system and governing ability in the border areas of ethnic minorities.