A Study On The Legal System Of The Qing Dynasty

Before the Qing dynasty entered Shanhaiguan, the central government began to have political ties with Tibet,and had inherited beneficial legal content from Yuan and Ming dynasty. After entered Shanhaiguan, the Qing dynasty paid more attention to the change of policy in Tibet, from "using Mongolian to manage Tibet", to "using Tibetan to manage Tibet" and "using legislation to manage Tibet". Many national laws such as‘king James hidden within the constitution article 29’、‘king James realson Francisco’ were made and enacted,and many Tibetan local laws were basically inherited and they were melt into the will of the central power, under the “governance by customs, follow traditions from the” legislative and legislative principles of the Tibet local law, a unique national law were being forming, productive, and influential so far.This article is divided into three chapters except for the introduction. The second chapter of this article is mainly about sorting out and researching the Tibet arranging policies from Yuan and Ming dynasty combining with the History material and summarizing its influence to Qing government. Firstly,expounding what measures did Yuan dynasty take to arrange the Tibet policy. The central government supported sakya regime by religious and policies and strengthened arrangement to Tibet from administration site. Secondly, Outlining the Ming dynasty’s policies in Tibet. Finally, analysizing the influence of two generations to Tibet based on the Yuan and Ming dynasties’ policies in Tibet.The third chapter mainly elaborates the Qing dynasty’s overview on arranging Tibet legal system. First of all, front Qing dynasty, the central government used Mongolia to control Tibet,that is " conciliatory policy" as a starting point.To the Kang Xi pacify junggar stability in Tibet, the central government gradually strengthened the control of Tibet directly, that is "drive must preserve". Then after the rebellion of Gyurme Namgyal, the Qing dynasty changed the policies in Tibet, implementing "legislation in Tibet".Narrative the evolution of the central government in Tibet policies from three aspects of the Qing dynasty; Second, expounding the Qing dynasty strengthened the control of Tibet from the power and the role of reinforcement in Tibetan minister, a golden urn, senting the army into Tibet to build a standing army, and controlling of Tibet’s heavy taxes involving political, military, religious, finance four legal system; Third, commentaring Qing dynasty’s legislation system to Tibet,from the "because of the common and rule, follow traditions from the appropriate" legislative thought and legislative principle, legislative achievements in central and in Tibet;Finally, outlining the Qing’s characteristics of the legal system in Tibet,on the basis of the previous. For the legal system of the Qing dynasty in Tibet has always been to maintain the Qing dynasty in Tibet, payed attention to the legislation in central and in Tibet, recognized and approved the legal validity of Tibet.The fourth chapter mainly approving the optimal profit resource and reasonable composition,from the Qing government’s profound Tibet strategies that can be used for Tibet nationality legal system construction. Carding, analysing these experiences and lessons, and contemporarying the central government’s enlightenment on the basis of the interpretation.Carried on the objective analysis of Qing dynasty in Tibetan local legal system, the author summarized the characteristics, experiences and lessons, and revealed the continuity of the Qing dynasty legislation,which enlightenmented to the current central government. The study of legal system of the Qing dynasty in Tibet contribut to national sovereignty in Tibet, its experiences and achievements are unprecedented, so the study of legal system of this period has profound and lasting significance to governing Tibet.