The Law Back To Xinjiang In Qing Dynasty And Its Application

As we all know that the research of national legal history is important to the study of national history, national legal science, legal history. Two problems are existing in this research. Firstly, the study of national legal history is sufficient while that of specific national legal history is insufficient; Secondly, the research on the state laws of the government is much more than that of indigenous laws. The aim of this article is to solve the above problems and to gain some benefits from the study of national legal history.In the foreword, I analyze the procedure of formation, the major contents of state laws and nongovernmental laws, which are named "dual system of laws", which is the basic concept used in this article for research. As far as the whole part of the article is concerned, it is dealing with the dual system of laws together with their relationship in HuiJiang Region in Qing Dynasty.The state laws and their application are illustrated in the first part in which the author has the opinion that the state law system should be composed of Lausand Regulations in HuLFing Region. DaQing LQLi, DaQing HuiDian, And all the cases, provisions included in the regulations promulgated by the different departments of the government and that the system can be subdivided into three levels, which were not applied in the same manner and which were from different origins.After the author examines in detail the application of the state laws in HuiJiang Rogaine, stress being put on judiciary, he concludes that the major criminal cases in that region fell under the troland jurisdiction of the state laws.The basic law applied between the people in HuiJiang Region in Qing Dynasty, which was called HuiJiang LuLi is Islamic Law in essence. In somparis on with HuiJiang Jiou Li, The introduction of Islamic law leads the reader to the following con-elusion: The ecclesiastical court, a traditional judicial organ, exercised in fact the judicial power over the civil cases in the region by applying Islamic law. These are contained in the second part.In the third part, after having illustrated the inter-action between the two systems of laws and having studied the judicial practice in that region at thattime, I conclude there was a "inter-mediate zone" between the two systems pertaining criminal judicial power owing to the following three reasons: the social management, the traditional judicial system and the mutual compensation of the two systems of laws.A general revision concerning about the legal system of HuiJiang Region in Qing Dynasty is made, the present dual system of laws in our society is also getting explanation, finally it is considered by the writer that the legal construction in our minority national regions at present shall learn from and get some benefits from the development of the Legal system adopted in HuiJiang Region in Qing Dynasty.