Study On The Customary Law Of Minorities In Northeast China During Han、Wei And Jin Dynasties

During the Han,Wei and Jin Dynasties,the ethnic minorities in Northeast China included Fuyu,Gaogouli,Nei,Chen,Woju,Wuhuan and Xianbei of Donghu,yilou,Zhenfan and Hun of Sushen.Fuyu is located in the north of xuantu County,adjacent to Xianbei in the west,Gaogouli in the South and yilou in the East.Koguryo south is adjacent to North Korea and binchen,and the East is adjacent to Waju.Woju is adjacent to the sea in the East,yilou and Fuyu in the north,Gaogouli and Woju in the north and the sea in the East.Wuhuan and Xianbei of Donghu ethnic group live in the basins of Xilamulun River and Laoha River,respectively,according to Wuhuan mountain and Xianbei mountain.The Sushen clan is active in the easternmost part of the northeast,and the East is connected with the sea.Xiongnu nationality lived in the north of China,and also had activities in the northeast during the Han,Wei and Jin Dynasties.The laws of these ethnic groups in the Han,Wei and Jin Dynasties are all unwritten customary laws.The sources of these customary laws are mainly a mixture of ethnic minorities’taboos,religious beliefs,regional distribution,production and life style,social development process and other factors.In the Han,Wei and Jin Dynasties,the common law,civil and criminal law of the Northeast ethnic groups were not divided,most of them were simple and severe.The common law of the obscene clan mainly includes the following crimes:homicide,larceny,adultery,intentional injury and jealousy.The punishment includes death penalty,no punishment and multiple punishment.Donghu ethnic group mainly includes the crime of violating adults’ words,the crime of killing thieves,the crime of drowning and the crime of larceny.The way of punishment is mainly composed of death,redemption and exile.The Sushen clan in the Han Dynasty was far away,and the social development was slow,and there was no common law.Until the Jin Dynasty,the Sushen clan began to produce the legal concept,and the crime of larceny appeared.The penalty was death penalty.The crimes of Xiongnu include homicide,larceny,disobedience to the king’s life,and incompetence in battle.The main ways of punishment are death penalty,absence,oppression and exile.The common law of the ethnic minorities in Northeast China has common characteristics,which are primitive,adaptable,substituting punishment for punishment and simple prison mechanism.