Before The Thirteenth Century Northern Nationalities And The Central Plains Dynasty Burglary Comparative Study Law

Jurisprudence of ethnic minorities is a kind of law subject that is about researching Law of ethnic minorities、Legal relationship of ethnic、Legal phenomenon of ethnic minorities. In recent years, so many experts and scholars working on these subjects, among whom there are no lack of such people specializing in the northern nationalities laws. However, the result of researching for the comparison of the theft crime in the criminal law existing in the northern nationalities before Mongolia and the Yuan dynasty with the theft crime in the same period of the Central Plains dynasty is rarely seen. Author is interested in this subject,so the author collected loads of historical classics, relevant books and reference paper etc. With the help of these specific knowledge of Ethnology、Legal historiography and Science of criminal law, author analyzed these collections, and then revealed its general law and development of the differences and similarities between each other.The northern nationalities before Mongolia and the Yuan dynasty was a sort of nationality which lived on animal husbandry. They built up the clan society by blood relationship. And then with the development of social productive forces, the production relationship was changing. Wealth was growing fast and the remaining products continued to increase. All of these leaded to the beginning of the production of private ownership society, and finally the class society commenced. Meanwhile, the theft crime is a kind of general infringement of property crime. It’s the result of the private ownership. There are three essential factors which have a significant influence on the regulation of theft crime in the northern nationalities criminal law:the unique geographical environment, the productivity and the production relationship. This sort of crime has both similarities and differences from the regulation of theft crime in the Central Plains dynasty.This paper concentrates on researching of the northern nationalities before Mongolia and the Yuan dynasty.It includes the representative of four ethnic groups namely huns, turkic, qidan, nvzhen. As for author has compared and analyzed their theft crime with the same period of the Central Plains dynasty, the author revealed the similarities and differences from each other, and even the author has explored the features of the theft crime existing in the northern nationalities, so as to give a further contribution on the national legal history study of norther nationalities.