Study On The Trial System Of Mongolian Banner In Qing Dynasty

The Mongolian trial system in Qing Dynasty was established on the basis of guaranteeing the final adjudication power of the central government of Qing Dynasty and combining with the inherent judicial tradition of Mongolia.As a part of the legal system of Mongolia in Qing Dynasty,Mongolian trial system not only inherited the legal tradition of the Mongolian ethnic group,but also gradually integrated the judicial system of the mainland,showing the characteristics of "depending on the custom and the place".This paper mainly uses the method of case analysis and combines the Files of Zhungeer Government to study the judicial practice of Mongolian Banner in the Qing Dynasty,and discusses how the Mongolian legal tradition and the Qing central legal tradition formed the institutionalization of judicial practice in Mongolian society after collision and blending.This paper takes Files of Zhungeer Government as the center to make an in-depth study of Mongolian Banner judicial system in Qing Dynasty.This paper is divided into three chapters.The first chapter sorts out the jurisdiction system,trial level system and discretion of Mongolian Banner cases in Qing Dynasty,and discusses the judicial practice of these system provisions in Mongolian Banner in Qing Dynasty through the cases contained in Zhasak Yamen File of Zhunge Banner.The second chapter sorts out the judicial procedures in Zhasak Yamen Archives of Zhunge Banner,such as presenting charges,surrendering,leading,summoning and facing to face,as well as the oath with the most Mongolian nomadic characteristics,and discusses the judicial process of Mongolian Banner cases in the Qing Dynasty.At the same time,it summarizes the characteristics of Mongolian Banner cases in the Qing Dynasty.The third chapter discusses the applicable rules of law in the trial of Mongolian Banner case in Qing Dynasty.On the basis of dividing the cases in Zhasak Yamen File of Zhunge Banner from the perspective of single Mongolian case and Mongolian and people’s negotiation case,this paper sorts out the different legal rules applied to the two types of cases,and then discusses the embodiment of the unity principle of national legal system in Mongolian Banner case trial.Based on the analysis of the full text,it can be seen that under the guidance of the concept of "unity" and based on the legal tradition and regional characteristics of Mongolia,the Qing rulers implemented a judicial system different from that of the mainland and applied the special law "Mongolian Example" in Mongolia.Meanwhile,in judicial practice,they continuously integrated the "Mongolian example" with the laws of the mainland to enhance the legal control of Mongolia.