The Study On The Kazakhs Traditional Legal Cultures

Kazakh is a typical nomandic nation with 2000 years history and rich culture.Its population is about 15 million,mainly scattered in 20 countries such as Kazakhstan,Russuia,China,Uzbekstan,Turk,Mongolia,Iran.There are 1.5 million Kazakh in China.In all ages,Kazakh inhabits vast area over 3 million square kilometers in the center of Eurasia from Altai Mountains and Tianshan Mountains to Caspian Sea.In the area,kazakh language nearly have any dilect difFerences.It may be said rare in the world.The Kazakh in China live in Altai Mountains,Tianshan Mountains and Yili River Vally in western China.They are early pioneers of Silk Road.The central government of China claimed sovereign rights over the western region from east and south of Balkhash lake to Pamirs Plateau in 60 B.C when it defeated Huns with the help of Wusun,which is a main ancester of Kazakh.Kazakh people makes indelible contribution to create brilliant history and gorgeous civilization of Chinese nation.They guard boderland and keep national unification.Although the formation and development of Kazakh is a long historical process,it produces great achievements during the 2000 year history.One of the great achievements is their traditional legal culture.They have a rich and colorful traditional legal culture with nomadic characteristic.The study of Kazakh legal culture has realistic meaning for study of nomadic nations and traditional culture.It enriches the law of Chinese nation.This dissertation includes five chapters.Chapter one is an introduction to discuss reason of selecting the topic,studies on the selected topic at home and abroad,research thoughts,significance of the research and concept of nomadic legal culture.Thousands of years of legal cultural evolution before Kazakh Kingdom are listed into the category of Kazakh legal cuture study at the first time in the dissertation and propose that Kazakh law grows out of Wusun kingdom.The whole law consists of written law and unwritten law.Chapter two is a compendious presentation of origion and development of Kazakh legal culture.Author closely studied relationship between legal culture and cultural phenomenas like customs,taboos,totems and believes,because they are intangible laws of ancient Kazakh society.They are source of all Kzakh law.The author analyzes early Kazakh law form and characterstic in cultural point of view,that is to say,study law in the culture not cultural in the law.Chapter three is about legal system of Kazakh kingdom,focusing on development and perfection of Kazakh legal culture,which is main part of the dissertation.The author compared three legal codes established in Kazakh Kingdom to find out objective rule of Kazakh legal culture.Chapter four describes important symbol of Kazakh legal culture,Bi(juge)court and some famous Kazakh Bi and their legal thoughts such as Mek Bi,Abulai Bi,Abai Bi.ect.Chapter five discusses influences of tsarist Russia's colonia transform on Kazakh law and Qing dynasty's legal management of Kazakh people.The author has introduced laws and regulations of noble Sbitore of Abbak Kerey tribe in Altai,Xinjiang as a case study.In a word,Kazakh legal culture is an unneglectable cultral resources for establishing harmonious society in northwest ethnic region.The core of Kazakh legal culture is to pursue harmony.It can provide local with legal sources meanwhile it is worthy of handling problems in traditional law systems.