Research and Protection of Turkitan Historical Archives: Cenisty with the Judicial Archives of the Qing Dynasty
October 28, 2022 09:53 Source: "China Social Sciences", October 28, 2022, Issue 2518, Issue 2518

File is the mark of human history and culture,It has originality、Features of voucher。Among them, judicial files are records of human legal culture,It is an important carrier for us to understand legal history,It is also an important support for our interpretation of legal history。Over the years,A large number of Qing Dynasty Manchu and Chinese History Archives in the Chinese First History Archives,and Inner Mongolia、Lord of Liaoning and other places in Liaoning Banner Files,It has been sorted and published one after another,These judicial archives are precious information for studying the history of the legal system of minorities in the Qing Dynasty。Especially in recent years,Inner Mongolia Autonomous Region Hohhot's Turkt Zuoqi Archives in the Qing Dynasty and the Republic of China related judicial archives,It is also an important basis for studying the judicial practice of returning city from the Qing Dynasty to the modern Mongolian region,It is also analyzing the identity in the Mongolian region of the Qing Dynasty、Live samples of the central law。A large number of cases in these archives can fill in the lack of regrets of the previous study of the legal history of the Mongolian region in the Qing Dynasty from the details。

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The "Turkittamenta City" called in the Qing Dynasty,From the perspective of geographical location,It is generally located in Hohhot, Inner Mongolia Autonomous Region、Baotou two cities and some of its flag counties under their jurisdiction。According to "Turkom" records,Better Chemical City Tumo Two Area is located in western Inner Mongolia,roughly refers to the South South、A area north of the Yellow River。Yuanming period,Emperor Yuan Shun led the Mongolian nobleman to return the grassland,Binhua City Tumo Two Area is occupied by all parties by all parties。to the 15th century,The Ministry of Turkoma began to nominate here for life。According to the record of "Turkom",During the Jiajing period of the Ming Dynasty,俺 答 Khan became the highest leader of the ministry,The Ministry of Turkic Special Department gradually becomes a powerful tribe。"Clear Record" records,bet365 Play online games Five years of Chongzhen (1632) in the late Ming Dynasty,Tumo -Special Ministry of the Ministry of Putting Gold,Four years later,The Qing government compiled it as left and right wings,Each wing one flag,Lead the Du Fang respectively。This place in the Qing Dynasty was divided into naturalization and Suiyuan two cities,Establishing the General Administration of General Administration to jurisdiction。Intonating City and Suiyuan City are important business exchange ports and military places in Mongolia。This is not only a place where the economy is relatively developed,It is also an important hub connecting the northern Mongolian region and the Mainland。The Fanyuan in the Central Government is in charge of the finance of this area,The administrative department that directly jurisdiction over this area is the Gate of the Gate of Gutor City。Starting from the middle of Kangxi,A large number of immigration phenomena appear,The population and economic trade in the Turkitt area gradually stabilize。So,The establishment of the management agency is also gradually systematized,Tongzhi who has set up a special handling of legal affairs、Judgment。"Qing Gaozong Real Records" records: "Because it is Mongolian ground,Different from the situation from the Mainland,It is not set up by Fuzhou County,First set up Suiyuan City Tongzhi Special Special Squiring,also the money and grain of the land for land,Re -set up Mongolian Civil Knowledge,Special offering of criminal names,Seven -associated judgment has been added one after another。"",It is precisely because of a large number of disputes that have been negotiated with Mongolia and Han in this area,How to effectively handle these disputes to maintain the legal order in the frontier region,It is a problem that the Qing government needs to solve urgently。The Qing government in order to strengthen the governance of the Mongolian frontier region,Under the authentic and deputy capital,An administrative agency that specializes in managing the Mongolian affairs of the frontier area -the Director of the Return Department of the Return Department。According to the historical records of the Second History Gallery of China,Emperor Qianlong also stipulated the selection rules of the same knowledge: "Return City、Zhangjiakou Tongjiashi Lack,Order of the Fan Family Institute of various ministries、Mongolian member Wairo,Bet365 app download Those who are well known in the main at the at between,Choose one member each,Sending Department Introduction to Removal,Set up the same side of the sidelines,Together in this case。”

Mongolia is of great significance to the Qing government,Especially in military aspect,Mongolian Turkoma Ministry attacked the Daming Dynasty in the Central Plains before the establishment of the Qing Dynasty。In the Qing Dynasty, the Qing Dynasty used laws to govern law in Mongolia on the basis of absorbing experience in Mongolia,achieved significant results,Looking through Turkt's judicial files can confirm this conclusion。

  Research on the results of the history of the legal history of the Qing Dynasty with the use of Turkitan historical archives

Based on the historical materials of Tumi Mimer's judicial archives as the starting point,Scholars combined with other political book historical materials,such as the Code of the Class Classification Class, the Mongolian Laws, "The Code of the Walka", "The Code of the Kalka", "The Example of the Fan Yuan"; Case Exchange "and so on,Start from their respective disciplines,Around the Criminal Law、Land Contract、Female appeal、Local administrative settings and other issues in the Qing Dynasty Mongolian legal history conducted in -depth research,I have achieved a richer academic achievement。

It one,As far as the study of criminal law in Mongolia in the Qing Dynasty,Zhang Wanjun used more than 70 criminal cases in the Qianlong Dynasty's Qianlong dynasty.,Divide the case into five types of criminal types,Analyze the legal applications and trial procedures of various cases one by one。Zhang Wanjun obtained the basic laws of legal applications through the sorting of criminal cases of Introductory City: Introduction to the Mongolian Law as the main basis for legal governance,Especially in the grassroots Mongolian region, it is commonly used,But without explicitly stipulated in the Mongolian Law,Will apply "Great Cases",If the murder case involved in Confucian ethics。The late Qianlong dynasty,With the strengthening of the political and military jurisdiction of the frontier regions in the Qing Dynasty,and the gradual recognition of the central legal culture in Mongolia,The commonality of the "Great Cases" has gradually surpassed the "Mongolian Law"。

Its two,For the land contract and land judicial disputes in the Mongolian area of ​​the Qing Dynasty,Caijie Tumimet Zuqi judicial archives are very rich bet365 Play online games in related theory formed by other historical materials。Tian Yan published a series of articles for the land disputes and land contracts of Narcane City,"Disputes and Mongolian Relationships in the Tuquan Area of ​​the Return of the Qing Dynasty" from the Mongolian "Grass Factory" dispute from the Mongolian "Grass Factory" dispute that the general scholars are less concerned,Analysis of the relevant judicial archives from the Qianlong dynasty to the Xuantong period of the Turkic Square file,Showing the social change process of Nutchic City from nomadic life to farming life。"Establishment of the Land Contract Order of the Inner Mongolia in the Qing Dynasty -Taking the" Bettering City Turk "as an example, the article analyzes in detail how the Mongolian region learns the concept of land management in Central Plains,and apply it in its governance of land ownership,Make land management in Mongolia gradually standardized。

Its three,Women's problems in the Qing Dynasty also received wide attention from scholars,Among them, the issue of women in the Return of Turkitt Zuoqi Capital City can also be seen from the archives。Liu Huan in the article "Inquiry of Mongolian Women's Problems in the Tuomit District of the Return of the Qing Dynasty -Core for the Core of the Turkita Tu Gate Judicial Archives of the Tumo Two Capital" Wife in the home of Guihua City、妾、Fu and Weng、Po、The relationship of daughter -in -law。At the same time,Judicial archives also record a large number of cases related to women,Ru Ba occupying widow's property、Obstruct re -remarriage、Seed trafficking, etc.。

Four,Research from the issue of judicial trial mode,Liang Xiaowen believes in "The formation and changes of the dual judicial trial mode of the Tumot District of the Return of the Qing Dynasty",The Government of the early Qing Dynasty set up a member of the Citizen Tongzhi Simp and Tongjie in Nutca City,belong to the governor of Shanxi,The one -yuan management system led by the Mongolian capital has evolved into a dual management judicial system of Mongolia and Han, which is co -jurisdictional under the governor of Shanxi,Explained the establishment and change of the dual judicial trial model of the Mongolian region in the Qing Dynasty。Hu Heng sorted out the establishment of a renminbi city directors in the Yongzheng period in "From the Director to Funmin: The New Exploration of the Hall System of the Qing Dynasty".,So Bet365 app download Gui Sui began to continue to add a director office,and the process of changing to the Fumin Hall during the Guangxu period,It is believed that "Mainlandization and Integrity" is a general trend in the judicial development of the Turkitan Mongolia region in the Qing Dynasty。

Actually,Academic questions studying the judicial archives of the Archives area of ​​the Turkitt area, except Mongolia's criminal case、Land dispute、Female complaints and judicial trial models, etc.,There are many other problems worth studying,For example, stealing cattle in Mongolia、Treatment of the case of stealing horses,The impact of Han culture on the culture of the frontier region, etc.。

  The path to protect the historical archives of Turkita: The urgency of the digital text

Current,Tumote Zuoqi Archives Collection Archives when the archives of the Turkita Staff Gallery are diverted and sorted out,Divide files into administration、Personnel、Law、Religion and other 15 categories,Among them, the main concentration of legal justice is theft、Real Estate Dispute、Ren Ding Hukou、Civil disputes、Justice、Fatny prisoner、Land dispute、Contract and other categories,But the subdivision of these legal judicial categories is not standardized enough for professional,For example,The trafficking population is a typical criminal case,But the museum is classified into the category of civil cases。These archives documents are used to study the grassroots judicial status of the Mongolian region in the Qing Dynasty and the application of central law in Mongolia,Then analyze the identification path of ethnic minority regions for national legal culture, which has important value and significance。Nairen Chartu as an expert in Mongolian Law History,Instruct students to study the laws in Mongolia based on the samples based on Turkitan judicial files and write a series of academic papers,He thinks,Domestic and foreign academic circles of all periods in Mongolia history、System、Culture Examination,Many results have been achieved,laid a solid foundation for the continuous development of the research on the history of legal system in Mongolia。but,Research in -depth expansion still requires a lot of excavation、Organize、Interpretation of new original literature。The judicial archives in the Turkitt Zuoqi Archives can supplement the new original information for the study of the history of the Mongolian legal bet365 Play online games system,Therefore,The protection and utilization of its text appear more important and urgent。

But,The current research on the use of Turkitt archives is still limited。One of the important reasons is,It is a historical archives literature heritage,At least a hundred years of history,The files exist in paper,There are almost no repair measures,Many of them have damage。Now for the purpose of protecting historical documents,These historical document files from the Qing Dynasty to the Republic of China have been restricted to check,This is even more troubled in the in -depth study of judicial practice and law in the Qing Dynasty in the Qing Dynasty。

Current,Hohhot's Turkt Zuoqi Archives Collection of the Turkita area of ​​more than 60,000 volumes of historical archives since the Qing Dynasty (piece),Among them, more than 18,000 pieces in the Qing Dynasty,More than 48,000 pieces of the Republic of China (volume)。These files may be lost or damaged to varying degrees,A large number of files were transported in Japan during the War of Resistance Against Japan。Read these files,I can't help but embarrassed,Many Kangxi、The archives during the Qianlong period are exposed to the air for a long time,The paper has been broken and incomplete,Even some handwriting can no longer be restored and spliced。Although the museum has been dotled,but also limited to the directory,A large number of original archives text urgently need digital processing。

Both the academic or Mimer archives management department thinks,The best way to protect and use the historical archives of Turkita for a long time is to digitize。The so -called historical archive digitalization refers to the use of artificial enrollment or scanner、Digital camera and other modern equipment,Store the files on the carrier and other carriers,and use a computer to identify the digital images or digital texts in it,Electronic retaining the historical archives。Future,You can consider inviting history、Society、Economy、Laws and other aspects of scholars participating in the digital work process of Turkitan historical archives。This digital processing is not only conducive to preserving the very precious but extremely vulnerable Turkt historical archives,It is also conducive to the scientific and standardization of these historical archives sorting and utilization。

Casting the Chinese nation community consciousness is the scientific discussion proposed by General Secretary bet365 live casino games Xi Jinping。"National Jiality" is the basic structure of the Chinese nation community,It is an organic connection formed by all ethnic groups in history。Tumote Historical Archives can provide us with important historical clues for us to find us since the Qing Dynasty.。As German scholar Ensst said,The memory of the file is a monument,In terms of system, it has always been the memory of administrative and judicial memories of the state or other organizations。Future,With the advent of the digitalization of historical archives,We digitize the Turkish Literature Heritage Archives to digitize and integrated,All knowledge and memories of Turkitt Historical Files will be reserved like a permanent monument、Inheritance and use。Similarly,If you can have a large number of digital archives text for research samples,It will attract more scholars to pay attention to the historical archives of Turkitt,Exploring the experience and laws of judicial activities in Mongolia since the Qing Dynasty,Find historical memory of the commonality of national legal culture。

(Author Unit: School of Law of Tsinghua University)

Editor in charge: Cui Cen
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