The Study Of Ancient Mongolian Customary Laws

Customary law was legal research areas, the ancient Mongolian customary law of course is a legal study. For the study of ancient Mongolian customary law, whether it is the French historian, that was the right to build a harmonious ethnic relations are concerned, all have far-reaching significance. Study and explore the production of ancient Mongolia, the root causes of customary law, development and changes, for studying the origin of the law is undoubtedly of great significance. From the history of customs and morals, traditions and customs of the Mongolian people today exist in the various customs, no history, habits, evolution is not only from the cultural understanding of their customary law, in order to truly understand and respect the customs of the Mongolian people, but also in order to promote the nation between unity.The production of ancient Mongolia, customary law, is closely related to their nomadic economy. Material determines consciousness, consciousness also counter-productive in the material. Mongolia's nomadic ancestors of the agricultural economy and the economies of the Central Plains region very different, resulting in different from the agricultural civilization of the nomadic civilization, has formed its own unique early customary law. Possess its own characteristics, but also its material production in a true reflection of the superstructure.In the 8th century AD to the 13th century, Mongolia has become a clear pioneers the concept of ownership. There have been dramatic polarization of wealth has been divided into different classes. Both hereditary aristocracy, there is no freedom at all slaves. A small number of nobles occupy the vast majority of wealth, the slave is no wealth, no personal freedom, completely dependent on slave-owning aristocracy. Among ownership, there are some unique customary law. Strict protection of customary law ownership of the property is inviolable. To distinguish between the different property owners, Mongolia ancestors in their property (mainly horses) to make a clear sign, so that people can be recognized at a glance why the people all of the property should be. They pay attention to static objects for the protection of ownership, and for the protection of dynamic objects, such as the exchange of goods, contract generation, significantly lagging behind. It also reflects our ancestors in ancient Mongolia commodity economic backwardness, and equal exchange of ideas is still in the bud. When any one of Mongolia when our ancestors to obtain prey, if requests for free access to part of the ownership of the prey, the prey of all obligation to meet each other such requests. Maintain the marriage customs ancient ancestors legacy, both Levirate, but also looting marriage, marriage, etc. There are sisters. Levirate in order to maintain the interests within the family, but by a near relative of the deceased to collect the deceased's ladies of the house habits. Such marriage customs can also be divided into the following several cases, that is, close widow inheritance brother and brother's widowed sister-in-income, sub-concubine so close. Mongolian ancestors are abducting a custom, and this as a strong performance, such as the speed of the grab Po He also ereen Chek Le Geer robbed B?rte are all so; In addition, there are a blood sister to marry a common class husbands sister the same person phenomenon. All of these form of marriage, without exception, and its special material production linked. Ancestors in the inheritance, the youngest son enjoy absolute priority, the vast majority of parents inherit property. Youngest son in the family has a special status, he was known as Ti-Chi Wo jin, that is, the person at home keep juh, on behalf of the prosperity of the family received a special love of parents, in property, inheritance, succession status enjoyed by the other brother does not have superiority.In the criminal common law, the ancestors of the punishment seems a simple very backward, which is associated with their degree of civilization. Mongolia's inhabitants are not yet formed criminal law systems, legal technical backward means of a simple penalty, the penalty method of the lack of organic links. Death penalty is used too frequently, a variety of criminal acts, and even some civil behavior, they may be sentenced to death. In the imposition of penalties for criminal acts, while often the perpetrator was also sentenced to property, fines, and generally their own property and slaves, and even his wife and daughter are also engaged in compensation to the victims.Mongolian ancestors particular emphasis on the protection of the environment, for those who burn the grass, in the death penalty. For the protection of water resources is commendable. Mongolian ancestors in the flow of water are not allowed to wash clothes, are not allowed to water drowning urine, that it would provoke the gods would have been gods of punishment.Mongolian ancestors for taking a more liberal religious policy. All religions have been free to the existence and development. Of religion in the history of the formation of a free development. Mongolian ancestors just entered class society, will continue to foreign expansion. In the process, they encountered other peoples religion. This religion, our ancestors have found that the use of local religious can better maintain its rule, more conducive to long-term stability of its rule. In view of this, Mongolia, respect for the religious beliefs of our ancestors. Shamanism in the early life of our ancestors who played a pivotal role, playing god with people with communication role. Shaman is the priest Mongolian ancestors were also the custodians of knowledge. The early use of theocratic regime to achieve legitimacy, but soon theocratic and secular regime had given rise to contradictions and, finally, defeated the secular theocracy. Mongolian ancestors justice system is in an embryonic stage, the procedural law is in an embryonic stage, justice system is extremely simple, single-trial organization, in the historical records were seen, only the highest judicial organ of the Central, but no local judicial institutions. Duel is one of Mongolia ancestors a method of dispute settlement. They do not compromise the dispute, the appointed time and place, please witness the scene, and then the final outcome of decisions with weapons. A duel between a single person in general, so to help prevent gang fights and larger-scale military operation to reduce the bloodshed. When the dignitaries who duel with the weak, the former social status is no longer an important factor affecting the outcome of litigation, which is therefore a more equitable chance to win the lawsuit. Duel, the never-yun favor either side. Procedure Act has been randomly destroyed, seriously affected the rule of law. During the trial, emphasis on confessions, not easy to use torture methods. But also the casual destruction of the ruling class, the law, which also contributed to the generation of a yuan historical reasons for the corruption of the rule of law.In short, Jianyuan Mongolia before the ancestors, are in a time of upheaval during the development of a short process, social patterns both primitive legacy, there are the characteristics of slave society, as well as the seeds of the feudal system of society. Ancient Mongolian customary law is in such an environment to grow up. This particular historical period, shaping a unique customary law. Mongolian ancestors of customary law, appropriately expresses the particularity of social development. At the same time, Mongolia, the content and form of customary law, rather than a unique production environment is also closely related to, but also, and his level of productivity corresponding to the development. Therefore, the ancient Mongolian customary law was neither arbitrary product of individual rulers, nor are the results of the collective consciousness of the ruling class, but when material production and productivity truthfully.