| The Qing Dynasty promulgated a lot of military regulations and prohibitions on Mongolia before and after the occupation of Shanhai Pass."Mongolia Law" is the first relatively systematic legal document issued by the Qing government in Mongolia,and it is also a concrete manifestation of the institutionalization and standardization of ethnic legislation in the Qing Dynasty."Adjust measures to local conditions and govern according to customs" is one of the most important principles of the Qing Dynasty in governing Mongolia.As a law formulated by a non-Mongolian subject and promulgated and implemented in Mongolia,the inheritance relationship between the "Mongolia Law" and Mongolian inherent law clearly demonstrates this principle.After comparative analysis of "Mongolia Law" and Mongolian inherent law,all the provisions inherited from Mongolian inherent law are analyzed one by one,and the content is divided into criminal regulation part,civil regulation part,administrative regulation part,judicial system,other parts of the legal system and trace its origins.it was found that the “Mongolia Law”of the Qing Dynasty not only inherited the ancient Mongolian customary law and its connotation of Statutory law system in Mongolian inherent law,but also it has much the same content as the "Mongol-Oirat Code" promulgated more recently.Regarding the reason why the “Mongolia Law” inherited the Mongolian inherent law,this article uses the conflict and fusion theory of legal culture,starting from the Mongolian laws of the Qing Dynasty,and analyzing it from the perspectives of politics,economy,culture,and legal system,"Mongolia Law" inherits the inherent cultural connotation of Mongolian law not only from subjective political reasons,but also from inevitable reasons based on the relationship between law and society.The thesis takes the "Mongolia Law" as a breakthrough point,using comparative legal research methods to explain the formation process of the "Mongolia Law" in the Qing Dynasty,and demonstrates the inheritance of the Mongolian law in the Qing Dynasty’s ethnic legislation.Exploring the roots of the integration of ethnic legal system and culture provides theoretical thinking for the construction of the rule of law in contemporary ethnic regions. |
