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Study On The Legal System Of Ancient Xinjiang Ethnic Ecological Environment Protection

Posted on:2019-01-08Degree:MasterType:Thesis
Country:ChinaCandidate:H QiFull Text:PDF
GTID:2371330548457329Subject:Law
Abstract/Summary:PDF Full Text Request
Since the ancient times,China' s ethnic diversity and the diverse patterns of various traditional cultural customs and habits formed in the course of long-term survival,reproduction,and development of different ethnic groups have enabled the Chinese nation ' s cultural rules to exhibit multiple and local characteristics.Correspondingly,different value judgments and different material attitudes of different ethnic groups in China have created different customary rules for regulating ethnic behavior.The ethnic minorities living in the Xinjiang region are mainly Uighurs,Kazakhs,and Mongolians,and they have developed and prospered for thousands of years under the unique natural ecological environment in Xinjiang.The worship and protection of nature by these peoples is deeply reflected in the national culture,religious customs,production and life,and the legal system.At the same time,the ruling class has also carried out a lot of legislative protection for the natural ecology in order to govern,and followed it up.Throughout the ancient ecological laws of the ethnic minorities in Xinjiang,we can see the development process from ethnic habits,national customary law and statutory law.The period of custom and customary law has a strong religiou.Its national beliefs and religious taboos are deeply printed.From primitive shamanism to Buddhism and later Islam,it left a deep imprint on the ecological protection laws of ethnic minorities in Xinjiang.It is precisely because of this that it makes the law unique in its national characteristics,which has similarities in solving the ecological problems in the present-day west.Study Xinjiang's ecological environmental protection laws,the main thing is to clarify the main contents of the ecological protection laws for ethnic minorities in Xinjiang.The second part of the article is the most important part.It mainly deals with the legal content of ecological protection of ethnic minorities in Xinjiang.In its rich legislation,it mainly sorts out the grassland pastures,water sources,forest trees,livestock,and crop land.The relevant provisions that include the habits of ethnic groups and the customary laws of ethnic groups are clearly reflected in the statutes of the countries that have come after them.Both the Mongolian and Kazak people give priority to the protection of grassland pasture,which is the basis for the survival and development of the nation.On the one hand,proper management of the pastureland was carried out and the grazing method with unique national characteristics wasdeveloped.The grassland was divided into pastures in the four seasons,and the grazing was transferred in accordance with the stipulated route,and group grazing was conducted for different livestock species.And these are still used today.On the other hand,legislation prohibits the destruction of grasslands by devastating fires,prohibits the destruction of pastures,and stipulates punishment and reward mechanisms.Followed by the protection of water resources.It focuses on the ancient Uighur irrigation wisdom,including the construction of canals,sinks and the opening of the Karez.The Mongolian and Kazak people also have many legal provisions for the protection of water resources.During the Qing Dynasty,in order to maintain the stability of Xinjiang's return to the Ministry of the People's Republic of China,the Qing government also explicitly protected the water source in the “Regulations for Returning to Xinjiang”.The third statement is about the protection of forest trees.Many peoples have worshipped trees because of their original shamanism beliefs.They have religious taboos because of their religious worship,and they naturally develop into legal taboos.There are also numerous regulations on tree protection in the ecological protection laws for ethnic minorities in Xinjiang.The fourth is the legislative provisions for the protection of wild animal resources and livestock.The Mongolian legislation has a typical representative of the Yuan period.During this period,the protection scope of wild animals has been continuously expanded,and the types of protection have been listed one by one,and the protected sites have been clearly demarcated,including the special protection of horses belonging to ethnically important property.Finally,it briefly described the protection of crop lands.Land resources are also fundamental to the survival of the nation.In the early days,the Uygurs knew that land was used rationally,and they all had their own unique set of measures for fallow cultivation,fertilization,and cultivation.These legislative classifications basically cover all aspects of ecological and environmental protection and provide guarantees for the continued development of the nation.With the legislation at the same time,it is the penalty system.The penalties for science and law are also developing with the development of social forms and class systems.And it can be roughly divided into criminal punishment and civil punishment.Criminal penalties have evolved from the earliest death penalty to corporal punishment,followed by many more civil penalties,of which the unique national character is livestock punishmen.The ethnic minorities in Xinjiang have a complete system of livestock penalties,which includes three types of fines for "nine animals",fines for "Berke" and fines for "five animals".These penalties have maximized theuse of environmental resources,effectively safeguarded the balance of environmental order and social stability,and have very significant social effects.Through in-depth analysis of the ecological protection laws of ethnic minorities in Xinjiang,summarizing their legal characteristics and summing up their legal values,combined with the present environmental conditions in Xinjiang,the enlightenment to the following are: First,establish an effective use of the concept of sustainable development,the concept of guiding behavior,the effective and sustainable use of resources to achieve the current organic integration of economic development and sustainable resources.The second is to establish the environment.According to local ecological harmony,the immutability of the environment has placed great restrictions on the activities that humans have implemented.So adapting to local conditions is essential for Xinjiang.Any ancient and modern use is based on seeking truth from facts.When faced with problems,it is imperative to understand the reality and be flexible in order to achieve its maximum effectiveness.
Keywords/Search Tags:Ancient, Xinjiang minorities, Ecological Protection, Law
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