Research On The Influence Of Qiang’s Customary Law On Ethnic Relations In Maowen Area In The Qing Dynasty

Maowen region is the traditional habitation of Qiang nationality,and it is also a typical multi-ethnic area.The Qing Dynasty is the key period for the formation of multi-ethnic pattern there.The traditional customary law of Qiang nationality had a profound influence on the ethnic relations in Maowen region in Qing Dynasty.This thesis is divided into four sections.The first section introduces the basic situation of Qiang customary law in Qing Dynasty.The customary law of the Qiang nationality is the general term of some behavioral norms gradually formed and continuously developed by the Qiang people in practice,which can be divided into rural regulations,folk conventions,religious customs and family discipline.On the basis of inheriting the traditional customary law,the customary law of the Qiang nationality in the Qing Dynasty also embodies the historic features,such as taking the tablet type rural rules and regulations as the main form,expanding the scope of adjustment,and absorbing foreign national culture.Shibi culture is the legal cultural origin of Qiang customary law,with primitive religious color.It advocates the unity within the nation,forms the tradition of seeking common ground while reserving differences and coexisting harmoniously in the cultural exchange with other nations,and puts forward the concept of harmonious nation that "The world is harmonious and beautiful".The second section shows the contents and characteristics of the customary law of Qiang nationality in Qing Dynasty.The customary law of Qiang nationality in Qing Dynasty includes the system of "Yihuaping",the procedure of "Zhuanzhuanjiu",the rules of "Rufu" and various kinds of vows,which are closely related to the adjustment of ethnic relations.It shows the characteristics of taking dispute-solving mechanism as the core,divine judgment,attaching importance to public participation and educating people’s behavior in practice.The third section expounds the influence of the Qiang customary law in Qing Dynasty on the ethnic relations in Maowen region.There are three main aspects of the ethnic relations in Maowen region in Qing Dynasty: the first is the internal contradictions of the Qiang nationality caused by the struggle for interests among the Qiang villages;the second is the relations between different ethnic groups with the external relations of the Qiang Nationality as the core;the third is the relations between the Qiang nationality and the local government.In general,the influence of Qiang customary law on the ethnic relations in Maowen region in Qing Dynasty is positive.Internally,it maintains the internal unity of Qiang nationality and strengthens the national cohesion in terms of individual relationship and village relationship.Externally,by mediating the contradictions between Qiang nationality and other nationalities,it creates a harmonious and stable national social atmosphere in Maowen region.On the basis of retaining its own tradition,the law respects and absorbs other national cultures,promotes the identification between different nationalities,accelerates the integration of regional nationalities,and has an essential impact on the final formation of the multi-ethnic pattern.For the local government,the law has repaired the breakdown of the relationship between the Qiang nationality and the local government since the Ming Dynasty,and reshaped a sound relationship between the two.The fourth section presents the causes of the influence of Qiang customary law on the ethnic relations in Maowen region in Qing Dynasty.The interaction between the Qiang customary law and the state statute law in regulating the ethnic relations in Maowen region experienced a gradual process at that time.In the early Qing Dynasty,the local rules and regulations,which represented the customary law of the Qiang nationality under the Tusi system,occupied an absolute advantage in the adjustment of ethnic relations in Maowen region.In the middle of the Qing Dynasty,the customary law of the Qiang nationality and the state statutory law shared out the work within a certain range to jointly regulate the regional ethnic relations.In this process,the regulation of Qiang customary law on ethnic relations gradually inclines to the civil field.At the end of the Qing Dynasty,the state statutory law began to squeeze Qiang customary law,and the application of Qiang customary law was severely restricted.However,the regulation of the law on ethnic relations did not end and it still exerted an influence on the people in Maowen region on the practical and theoretical level.The influence of the customary law of the Qiang nationality on the ethnic relations in the Maowen region in Qing Dynasty was the result of a combination of factors,including the objectively geographical and humanistic conditions,the superiority of the customary law of the Qiang nationality,the Qing government’s recognition of the effectiveness of the customary law and the faiths of gods among the ethnic groups in Maowen region.Obviously,in the process of modernization of the rule of law,the customary law of the Qiang nationality has a great referential significance to the social governance in Maowen region.Due to the limitation of objective conditions,the customary law of Qiang nationality has some backward factors such as barbarism and superstition,but its positive effect on ethnic relations and social governance in Maowen region cannot be ignored.The Qiang customary law attaches great importance to dispute resolution and public participation in its legal style and its diversified dispute resolution mechanism,which are all valuable experiences that our country can refer to and learn from in the governance of ethnic local communities.