Study On The Function Of Provincial Laws In The Legal System Of Qing Dynasty

In the study of ancient Chinese law,the central law with the imperial power as the core,namely the national law,has been the focus of researchers.In recent years,More and more attention has been paid to the role of the normative legal activities of the local government and its relationship with the central law.As an important part of local legislation,provincial law in Qing Dynasty played an important role in studying the legal system of Qing Dynasty.As a typical local law text of Qing Dynasty,Regulations of Fujian Province is not only well preserved,but also representative because of its contents and forms in common with other provincial examples.There are 484 regulations in Regulations of Fujian Province,most of the regulations are dominated by local provincial governors,covering civil and administrative aspects in content,and are normative documents that both local governance in Fujian needs to formulate local special laws and regulations.Secondly,by exploring the characteristics of Regulations of Fujian Province in the legal system background of the Qing Dynasty,that is,the provincial examples have the concentration of legal unity,the rigor of standing according to the case,the flexibility of deciding according to the time and the pertinence of adapting to local conditions,the overall picture of the provincial examples can be explored more deeply Then,combined with the background of the formulation of Regulations of Fujian Province,this paper analyzes the deep reasons for the emergence of Regulations of Fujian Province from the aspects of law,politics,society and ideology.Further,by studying the relationship between Regulations of Fujian Province and the Central Law of the Qing Dynasty,this paper explores the role of provincial examples in the legal system of the Qing Dynasty.In other words,the restatement rule of Fujian Province has the function of emphasizing the implementation of the central law,the supplementary rule has the function of making up for and relieving the central law,the implementing rule has the function of elaborating the central law,and the flexible rule has the function of adjusting and perfecting the central law.Finally,provincial rules as laws have certain limitations such as hysteresis quality.Considering the deficiencies and values of provincial rules comprehensively,we should absorb the experience value that can be used for reference,including paying attention to the absorption of fine morality,paying attention to the integration of customs and habits,considering the traditional legal culture,improving the central and local legislative authority allocation,strengthening the supervision of local legislation and so on,in order to achieve a certain experience of the contemporary local legislation.