bet with bet365 are the imprint of human history and culture,Original、Characteristics of credentialing。Judicial bet with bet365 are records of human legal culture,Is an important carrier for us to understand the history of law,It is an important basis for us to interpret legal history。Over the years,A large number of Manchu and Mongolian historical bet with bet365 in Chinese and Chinese from the Qing Dynasty collected by the First Historical bet with bet365 of China,And Inner Mongolia、Local bet with bet365 of the League Banner in Liaoning and other places,Compiled and published one after another,These judicial files are precious materials for studying the legal history of ethnic minorities in the Qing Dynasty。Especially in recent years,Relevant judicial bet with bet365 from the Qing Dynasty and the Republic of China collected by the Tumed Left Banner bet with bet365, Hohhot City, Inner Mongolia Autonomous Region,It is an important basis for studying the judicial practice of Guihua City in Mongolia from the Qing Dynasty to modern times,It is also an analysis of Mongolian regional identity in the Qing Dynasty、A living example of implementing central laws。The large number of cases in these files can fill the gaps in the details of the previous research on the legal history of Mongolia in the Qing Dynasty.。
The social background that gave birth to the historical bet with bet365 of Tumed in Guihua City
What was called "Tumut Guiguan City" in the Qing Dynasty,From a geographical point of view,Approximately located in today’s Hohhot, Inner Mongolia Autonomous Region、The two cities of Baotou and some of their subordinate banner counties。According to "Tumote Chronicles",Tumut area of Guihua City is located in western Inner Mongolia,Roughly refers to the south of Daqing Mountain (Yinshan Branch)、An area north of the Yellow River。Yuan and Ming Dynasties,Emperor Yuan Shun led the Mongolian nobles to return to the grassland,The Tumut area of Guihua City was occupied by various forces in turns。To the 15th century,The Tumut tribe began to live a nomadic life here。According to the records of "Tumote Chronicles",Jiajing period of Ming Dynasty,Anada Khan became the supreme leader of the ministry,The Tumut tribe gradually became a powerful tribe。Recorded in "Qing Shi Lu",In the fifth year of Chongzhen (1632) in the late Ming Dynasty,Money after the Tumote tribe surrendered,Four years later,The Qing government organized them into left and right wings,One flag on each wing,Lead them separately and rule them all。This place was divided into two cities, Guihua and Suiyuan during the Qing Dynasty,Establish a General Office to govern the two cities。Guihua City and Suiyuan City are important commercial exchange ports and military centers in Mongolia。This is not only a trading place with a relatively developed economy,It is also an important hub connecting northern Mongolia and the mainland。The central Lifanyuan is in charge of the finances of this region,The administrative department directly in charge of this area is the Dutong Yamen of Guihua City。Since the middle of Kangxi period,A large number of immigrants appear,The population and economic trade in the Tumut region have gradually stabilized。So,The establishment of management agencies has gradually become more systematic,Established a Tongzhi specializing in handling legal affairs、The position of general judge。"Records of Emperor Gaozong of the Qing Dynasty" records: "Because this place is on the ground of Mongolia,Different from the situation in the mainland,Therefore no prefecture or county has been established,Initially set up Suiyuan City Tongzhi to be responsible for food and wages,Also supervises the acquisition of land, money and grain,Reestablishment of Mongolian Civil Affairs Bureau,Specialized in handling criminal cases,Seven associate judges and general judges were successively added。”Visible,It is precisely because there are a large number of various disputes between Manchus, Mongols and Han in this area,How to effectively handle these disputes to maintain legal order in border areas,Became an urgent problem for the Qing government to solve。In order to strengthen the governance of Mongolian border areas,Under the chief and deputy governor,An administrative agency was established to specifically manage Mongolian and Han affairs in border areas—Tongzhi Yamen, director of the Department of Naturalization and Fumin。According to historical records from the Second Historical bet with bet365 of China,Emperor Qianlong also stipulated the rules for selecting Tongzhi: "Guihua City、Zhangjiakou Tongzhi staff shortage,Order all ministries and vassals to control Manchuria、Mongolian Yuanwailang,Those in charge who are proficient in Chinese,Choose one each,Send to the department for introduction,Additional border crossings are gradually added,Follow this example。”
Mongolia is of great significance to the Qing government,Especially in the military aspect,Before the establishment of bet with bet365, the Mongolian Tumut tribe jointly attacked the Ming Dynasty in the Central Plains with the Manchu Qing Dynasty。bet with bet365 used laws to govern the Mongolian region based on absorbing the experience of the previous dynasties,Remarkable results have been achieved,Reading Tumut’s judicial files can confirm this conclusion。
Analysis on the results of using Tumut historical bet with bet365 to study the legal history of the Qing Dynasty
Taking Tumut judicial bet with bet365 as the starting point,Scholars combine other political historical materials,Such as "Qing Huidian", "Mongolian Code", "Oirat Code", "Khalkha Code", "Lifanyuan Rules", etc.;Local chronicles and historical materials "Tumote Chronicles", etc.;Case category "Criminal Case Summary", etc.,Starting from their respective disciplinary perspectives,About Criminal Law、Land Deed、Female involved in lawsuit、In-depth study of local administrative establishment and other Mongolian legal history issues in the Qing Dynasty,Achieved relatively fruitful academic results。
一,On the study of criminal law issues in Mongolia during the Qing Dynasty,Zhang Wanjun used more than 70 criminal cases in the Tumote bet with bet365 of Guihua City during the Qianlong Dynasty in the Qing Dynasty as the research objects,Divide cases into five criminal types,Analyze the legal application and trial procedures of various cases one by one。Zhang Wanjun concluded the basic rules of legal application by sorting out criminal cases in Guihua City: the "Mongolian Code" is the main basis for legal governance in the Guihua City area,Especially widely used in grassroots Mongolian areas,But in the case where there is no express provision in the "Mongolian Laws",The "Qing Laws and Regulations" will apply,If a murder case involves Confucian ethics。Late Qianlong Dynasty,As the Qing Dynasty strengthened its political and military jurisdiction over border areas,And the Mongolian region’s gradual recognition of the central legal culture,The universal application of "Qing Code" has gradually exceeded that of "Mongol Code"。
Second,In terms of land contracts and land judicial disputes in Mongolia during the Qing Dynasty,There are many related treatises compiled from the Judicial bet with bet365 of Tumut Left Banner and combined with other historical materials。Tian Mi published a series of articles on Tumut land disputes and land contracts in Guihua City,The article "The Caochang Dispute and Mongolian-Chinese Relations in the Tumed Area of Guihua City in the Qing Dynasty" starts from the Mongolian "Caochang" dispute that has received less attention from ordinary scholars,Analysis and combing of relevant judicial files from the Qianlong Dynasty to the Xuantong Period of the Tumote bet with bet365,Shows the social change process of Tumut in Guihua City from nomadic life to agricultural life。The article "The Establishment of the Land Contract Order in Inner Mongolia during the Qing Dynasty - Taking the "Nationalized City Tumut" as an Example" provides a detailed analysis of how the Mongolian region learned the land management concepts of the Central Plains,And apply it to the management of land ownership,Making land management in Mongolia gradually standardized。
Third,Female issues in the Qing Dynasty also received widespread attention from scholars,Among them, the issues involving women in the Guihua City area of Tumut Left Banner can also be gleaned from the bet with bet365。Liu Huan used the bet with bet365 of the Tumed Left Banner bet with bet365 in the article "A Study on the Issues of Mongolian Women in the Tumed Area of Guihua City in the Qing Dynasty - Focusing on the Judicial bet with bet365 of the Deputy Dutong Yamen of Tumed in Guihua City" The wife of the family in Guihua City、Concubine、Husband and Weng、Po、Daughter-in-law relationship。At the same time,Judicial files also record a large number of cases involving women,Like occupying the widow’s property、Preventing remarriage、Deception, abduction, etc.。
Fourth,From the perspective of research on judicial trial models,Liang Xiaowen believes in "The Formation and Changes of the Dual Judicial Trial Model in the Tumote Area of Guihua City in bet with bet365",In the early Qing Dynasty, the government set up a special board of directors in Tumo, Guihua City,Affiliated to the Governor of Shanxi,The original unitary management system headed by the Mongolian governor has evolved into a Mongolian-Han dual management judicial system under the joint jurisdiction of the governor and the Shanxi governor,Explains the establishment and evolution of the dual judicial trial model in Mongolia during bet with bet365。Hu Heng, in "From Directors to Supporting the People: A New Study on the Changes in the Office System of Guisui Region in bet with bet365", sorted out the establishment of Guihua City Directors in the Guihua City area during the Yongzheng Period,So the Guisui area began to add council halls,The process of changing it to Fumin Hall during the Guangxu period,Considers that "inlandization and integration" is the general trend of judicial development in bet with bet365, including the Tumut Mongolian region。
Actually,Academic topics studied using the judicial bet with bet365 of Tumut Regional bet with bet365 except Mongolian criminal cases、Land dispute、Female litigation and judicial trial models, etc.,There are many other issues worth studying,For example, cattle stealing in Mongolia、Handling of horse theft cases,The influence of Han culture on the culture of border areas, etc.。
The path to protecting Tumut historical bet with bet365: the urgency of text digitization
Currently,When cataloging the bet with bet365 of the Tumed Left Banner bet with bet365,Divide files into administrative、Personnel、Law、Religion and other 15 categories,Among them, those related to law and justice mainly focus on theft、Real estate dispute、Ren Ding Hukou、Civil Disputes、Justice、Fugitive prisoner、Land dispute、In contracts and other categories,However, these further subdivisions of the legal and judicial categories are not standardized and professional enough,For example,Human trafficking is a typical criminal case,However, the library classified it as a civil case。These archival documents are useful for studying the grassroots judicial situation in Mongolia during the Qing Dynasty and the application of central laws in Mongolia,It is of great value and significance to further analyze the ways in which ethnic minority areas identify with the national legal culture。Naren Chaogatu is an expert on Mongolian legal history,Guided students to study the laws of Mongolia and wrote a series of academic papers using Tumut judicial bet with bet365 as samples,He thinks,Domestic and foreign academic literature on various periods in Mongolian history、System、Cultural inspection,A lot of results have been achieved,Laid a solid foundation for the continued development of research on the legal history of Mongolia。But,The in-depth expansion of research still requires a lot of digging、Organization、Interpreting new original documents。The judicial bet with bet365 in the Tumote Left Banner bet with bet365 can supplement new original data for the study of Mongolian legal history,Therefore,The protection and utilization of its text becomes more important and urgent。
However,Current research on the use of Tumut bet with bet365 is still limited。One of the important reasons is,As a historical archive document heritage,At least a hundred years old,All files exist in paper form,Almost no repair measures,Many are damaged。Now for the purpose of protecting historical documentary heritage,This batch of historical documents and bet with bet365 from the Qing Dynasty to the Republic of China has been restricted from access,This has caused more trouble for the in-depth study of judicial practice and legal application in Mongolia during the Qing Dynasty。
Currently,The Hohhot Tumed Left Banner bet with bet365 holds more than 60,000 volumes (pieces) of historical bet with bet365 in the Tumut area since the Qing Dynasty,Among them Qing Dynasty 1.More than 80,000 pieces,Republic of China 4.More than 80,000 pieces (volumes)。These files are either lost or damaged to varying degrees,Japan transported a large number of files during the Anti-Japanese War。Look through these files,It is sad and regretful,Many Kangxi、The bet with bet365 from the Qianlong period were exposed to the air for a long time,The paper is torn and incomplete,Even some handwriting cannot be restored and spliced。Although the library has been cataloged,But only in the directory,A large number of original archive texts are in urgent need of digitization。
Both the academic community and the Tumut bet with bet365 Management Department believe that,Today, the best way to protect and utilize Tumut historical bet with bet365 for a long time is to digitize。The so-called digitization of historical bet with bet365 refers to the use of manual entry or scanner、Digital cameras and other modern equipment,Storing files on magnetic media or other carriers,And use computers to identify digital images or digital text,Electronically preserve historical bet with bet365。Future,Consider inviting history、Society、Economy、Scholars in law and other fields participate in the process of digitizing Tumut historical bet with bet365。This kind of digital processing is not only conducive to preserving the very precious but extremely fragile original Tumut historical bet with bet365,It is also conducive to the scientific and standardized arrangement and use of these historical bet with bet365。
Building a strong sense of community for the Chinese nation is a scientific discussion put forward by General Secretary Xi Jinping。“National commonality” is the basic structure of the Chinese national community,It is the organic connection formed between various ethnic groups in history。Tumut historical bet with bet365 can provide important historical clues for us to find the commonality of the legal culture of the Chinese nation since the Qing Dynasty。As the German scholar Ernst said,The memory of bet with bet365 is monumental,It has always been the administrative and judicial memory of the state or other organizations in the system。Future,With the advent of the digital era of historical bet with bet365,We digitally integrate the Tumut cultural heritage bet with bet365,All the knowledge and memories of Tumut’s historical bet with bet365 will be preserved like permanent monuments、Inheritance and utilization。Similarly,If there are a large number of digital archive texts for research samples,It will attract more scholars to pay attention to Tumut historical bet with bet365,Exploring the experience and patterns of judicial activities in Mongolia since the Qing Dynasty,Looking for the historical memory of the commonality of national legal culture。
(Author’s affiliation: Tsinghua University bet with bet365 School)
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