Mongolia Law And Qing Dynasty’s Policies Towards Mongolia

Strategies that the Qing Dynasty applied in governing Mongolia have been praised in the educational field, whose most important reason turns out to be the legislation characteristics reflected by their ethnic policies. It is Mongolia Law that initiates the precedent that the central dynasty formulates special laws to manage minority areas. From Chongde period to Jiaqing period, with repeated amendment and improvement, laws in Mongolia Law can have reached to 232 articles as of the twentieth year of Jiaqing period(1815). Those laws of various versions have been the concentrated reflection of the Qing Dynasty’s policies towards Mongolia.Mongolia Law presents numerous aspects in Mongolia governing policies. From political rule, it inherits the ruling concept of "reign-not-govern system" that is embedded in ancient Chinese traditional ethnic policies, while the implement degree varies with the change of time. From regional management, the policy emphasizes its government vary from local customs, and integrates with the marriage custom, case method and punitive measure in Mongolian region. From economic policy, it achieves the ruling purpose through restraining the commerce to stabilize people, and strictly restricts trades within a tribe and among tribes. The policy posed on Lamaism reflects as respectful but not unqualified, which not only esteems the senior of Lamaism, but also carries out regulated management on monks.Behind the empirical studies at a macro level, this paper tries to make a vertical comparison on the policies towards Mongolia, which are indicated by Mongolia Law, from the micro level. Through the comparison of the Added Mongolia Laws in the Sixth year of Kangxi Period of the version in the Sixth year of Kangxi Period as well as different versions of the Chinese organizing edition, Mongolia Law, in thirty fifth year of Kangxi period, thirty first year of Qianlong period, thirty ninth year of Qianlong period, Fifty fifth year of Qianlong period, and twentieth year of Jiaqing period (1815), the paper researches that the subtle changes and modification process of the Qing Dynasty’s policies towards Mongolia reflect the changes of times, and find that the change of the policy "regulation on pirates" indeed presents the economic and environment deterioration, and the repetition of prohibition of marriage between Mongols and Han people represents the difficult choice between feeling and laws by governor.With the deepening of exchanges between Mongols and Han nationality, the late Mongolia Law trends to blend with the Great Qing Legal Code. Meanwhile, in different times, the Qing government grants different legal status to different tribes.I find that there is a mixture of many thoughts throughout the content system of the Mongolia Law, as a text that states the era and local situations. In the mixture of thoughts, the dominance framework that constitutes of Shamanism, Buddhism and Confucianism is the most important, and I call it "three religions facilitate the law", namely "Confucianism is the base", "Buddhism is the dominance", and " Shamanism is to be used". The Confucian culture, the foundation of Chinese traditional feudal dynasty’s ruling, is donated to the upper classes of Mongolia tribes, which requires the etiquette system of the dynasty to be in strict accordance with the orthodox culture on the basis of Confucianism, that is, the national law lays stress on natural justice. The indirect ruling of thoughts is realized through the implementation of preferential treatment to Tibetan Buddhism, and at the same time, the difficulty of local management is simplified through the respect of the Mongolia traditional custom and indirect utilization of Shamanism. With the dominance framework of the three, Mongolia region has been "in peace under the Qing emperor’s governing (Pax Sinica)" for a long time.In addition, the policies towards Mongolia in Mongolia Law also provide a lot of reflection and reference for China’s contemporary national policies. As a feudal law, it realizes the superficial peace of Mongolia region by closure, constructs the law through rights of identity and status to legal objects, and establishes the ruling authority through the prohibitive norms that account for most of the legal articles, and all of these are of reflection significance to our implementation of the "rule of law" and management of the minority areas in accordance with the law.