The Main Contents Of Manchu Traditional Rules And Legal Value

During the long process of development and reproduction, Manchu gradually formed its own cultural customs system. The Manchu family rule becomes an important part of the history of Manchu culture. It has a positive effect on the maintenance of Manchu social life order and family autonomy. The outstanding and reasonable portions are worth to investigate and research. Survey the Manchu family rule from the perspective of customary law can reveal the value of law better. So the role and value of it can be found by in-depth analysis and discussion, this study is based on above fact. In the long process of national development, the Manchu rule also continuous developed along with the change of society and era. It not only has historical and cultural value, but also has a certain value of legal research. This paper attempts to discuss its value on legal research.In the course of the study. Firstly, this paper introduced the judging boundary and origin of Manchu family rules. The first part briefly introduces the connotation of the boundaries and the origin of the Manchu house rules, mainly from the view of customary law of Manchu traditional rules, that it can be applied to a clan, to a family, and mediate family or clan members between the rights and obligations of a legal norm. It has a close relationship with the customary law, and it is one of the most important embodiments of the customary law. Manchu minority customary law is Chinese customary law system in the most abundant content, the one that have the greatest influence. Manchu rules as the rule that all the Manchu family members must comply with, the rules of Manchu is the indispensable part of customary law of Manchu. Afterwards, this paper discusses several characteristics of Manchu family role, mainly focus on its autonomy,normalization, enforceability, which reflect the difference between Manchu Family Rules and other minority rules.The second part is mainly discusses in detail the origin of Manchu family rules, mainly includes two aspects: the origin of common law and Confucian. In order to stating the origin of customary law, we compare the relations and differences between custom and customary law. From the transformation we found that the Manchu traditional rule is an important manifestation of the customary law, which is a good way to understand these roles better. These rules of Manchu absorbed a lot of customary law, such as marriage funeral, ancestor worship, some other living etiquette norms, and so force. From what has been discussed above, we can easily find out the close relationship between the custom and custom law in Manchu. The Confucianism mainly absorb and analysis the principle of feudal moral conduct form Manchu family rule, and find out that the relationship between the origin of those thought and the development of Manchu traditional rule.The third part of this dissertation briefly analysis the forms of Manchu rule from the perspective of history and reality, and divide Manchu rule into written rules and unwritten rules. Then these two kinds of rules of the similarities and differences were compared. It is easily to found that in addition to stability and progress, the written rules of Manchu also has a certain system, to facilitate unified application. Once Manchu rules finishing in the form of the word began to become more rational, and the content is relatively complete as well. Though analysis, we can make a conclusion that both unwritten rules and written rules play a significant role in adjusting the interest relationship between the family members, constraint people’s daily life and behavior. It is also important to guarantee the social harmony.The fourth part give an in-depth analysis on the specific content of Manchu rules and summarize that Manchu rules can be divided into the worship ancestors, respecting the old,patriotism, family management, customs and other aspects. Take the rules in family Shang as an example, the analysis shows that the patriotism publicize by Manchu family rules is really benefit to maintain the rule of the autocratic monarchy and promote the spirit of unity. Respect ancestor mainly analyzes the Manchu rules from all aspects for the respect to old and ancestor, then takes pacific rules as an example to illustrate the specific performance of respecting in Manchu’ daily life. Then this paper analysis the attitude of knowledge towards Manchu family and indicate that Manchu is attach importance to knowledge but not blindly advocating, they pay more attention to living skills. The example of Ho’ family tree illustrates the Manchu rules require family members raised money for the training the students who are intelligent and found that these Provisions are subject to the influence of Chinese culture on the importance of the knowledge. Customs mainly analyzes Manchu rules of the family worship, funeral, and marriage; prohibit abuse, and some customs of family worship, routine maintenance spectrum. The family management mainly makes specific analysis on management of the chief election and family property and heir to the family property and etc. And analyzes the content that reflects the significance of social governance of Manchu family,and changes in the social development process.The fifth part discusses the value of legal rules in Manchu. First of all, to the Mu electoral process as an example, analyzes the democratic value of the Manchu rule. And then analyze the rules of equality between husband and wife, grandpa and grandchild; it also reflects the value of equality thought of value. The order value mainly come down from the Manchu family’s daily behavior,diet and marriage habits which contains the content of pecking order, respect and obey the ascendants. Through comparative analysis, found the Manchu traditional rules in the three aspects of the formation of value, but also by the traditional Manchu nomadic mode of life and production.Manchu rules is one of the important embodiments of the customary law of ethnic minority, the developing process in content and form also experienced complex changes, it has an indispensible role to maintain social order and national sovereignty, which reflects the value of law such as equality, democracy and order value, it has certain reference significance for the current construction of modern society governed by law.