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Introduction:
The Qing Dynasty was a multi-ethnic empire, and in order to effectively manage the different ethnic groups, the Qing court enacted a series of laws, including Mongolian rules specifically for the foreign domain, Mongolia.
The Mongol Ordinance is a special law that corresponds to the Qing Dynasty's general law, the Great Qing Law, reflecting the Qing court's respect and protection for foreign domains and Mongolia.
The principle of application of the Mongol rules underwent major changes, from "personalism" to "territorialism", which was an important aspect of the Qing legal system.
In establishing and consolidating imperial rule, the Qing Dynasty faced the challenge of effectively managing multi-ethnic regions.
In order to maintain ruling order and maintain social stability, the Qing court adopted a variety of means, including the enactment of special laws to meet the legal needs of different regions. As a foreign domain under the Qing Dynasty, the administration of the Mongolian region was particularly important.
The glory and challenge of humanism
The "Great Qing Huidian" recorded: "At the beginning of the country, it was decided that people who committed crimes outside the border should be punished according to the internal law, people outside the border would commit crimes according to the external law, and the Eight Banners nomadic Mongols and Suruk people would be punished according to the external law." ”
As a multi-ethnic empire, the Qing Dynasty faced the challenge of unifying and managing different ethnic groups. In order to effectively administer the Mongolian region of the foreign domain, the Qing court enacted a series of laws, including a special law for the Mongols, the Mongol Rule.
As a special law, Mongolian rules correspond to the general law of the Qing Dynasty, the Great Qing Law, which aims to meet the special legal needs of Mongolia and at the same time reflects the respect and protection of the Qing court for foreign domains and Mongolia.
The principles of application of the Mongol example were mainly based on "humanism" in the early Qing dynasty. According to this principle, the identity of the parties determines which law applies.
The "Great Qing Law" was added to the article on the transformation of outsiders in the third year of the Yongzheng Dynasty: "Those who are subordinate to the clan shall still follow the original Mongolian example."
Specifically, Mongolian and civil servants apply Mongolian rules and penal laws respectively. This principle of distinguishing the application of law stemmed from the Qing court's policy of banning foreign domains and Mongolia.
The Qing court restricted the entry of the people into Mongolia in order to maintain the nomadic lifestyle and legal traditions of the Mongols. The establishment of Mongolian regulations was adapted to the Zasak management system and absorbed a large number of traditional Mongolian laws.
The establishment of this principle of humanism played an important role in consolidating the support and loyalty of the Mongol princes of the foreign domain to the Qing rulers.
The rule of Mongolia depended on the cooperation of the Mongol princes, and the establishment and implementation of the Mongol rules further demonstrated the Qing court's respect for the legal traditions of the Mongolian region and strengthened the Mongol princes' sense of identification with the Qing court.
The wings of territorialism are flying
With the passage of time, the society of the Qing Dynasty underwent great changes, especially the important changes in the social environment in Mongolia, which made the Qing court gradually adjust the application principles of Mongolian rules, from "humanism" to "territorialism".
Behind this change is not only a response to social change, but also the improvement and development of the legal system.
First of all, changes in the social environment have led to demographic and economic changes in Mongolia, which in turn have affected the adjustment of the principles of application of law.
Over time, more and more people from the interior poured into Mongolia, which led to an increase in population and cultural exchanges between Mongolia and the interior.
This exchange not only brought about new economic activities and social relations, but also led to various contradictions and conflicts between Mongolia and the hinterland.
These contradictions and conflicts often involve criminal acts, such as theft, fighting, etc. However, there are differences in the penalties for these offences in Mongolian cases and criminal laws, which leads to a disparity in the severity of penalties for the same criminal acts between Mongolian cases and criminal laws.
This disparity has triggered social discontent and a sense of inequality, which has had a negative impact on social stability in the border areas. In order to solve this problem, the Qing court gradually changed the principle of application of Mongolian rules and introduced "territorialism".
According to this principle, both Mongolians in Mongolia and people from the interior will decide which law will apply according to the region where the crime occurred. This transformation reflected the Qing court's response to social change and the improvement of the legal system.
The establishment of territoriality has eliminated to a certain extent the problem of unequal punishment between Mongolian cases and criminal laws.
Crimes committed in the area where the crime occurred will be dealt with in accordance with the same set of laws, which helps to maintain social fairness and judicial justice.
In addition, the establishment of the principle of territorialism also reflects the practical needs of a social environment. As exchanges between Mongolia and the interior increased, the complexity of social relations increased, and the principle of humanism alone could not cope with these complexities.
The introduction of territorialism has made the legal system more responsive to actual needs and conducive to maintaining social order and stability.
However, the establishment of the principle of territorialism did not simply abandon the principle of humanism. The Qing court did not limit the "interior" to the provinces within the Great Wall, but generally referred to areas where criminal laws applied, such as Berdune in the northeast and Sauron.
This flexible application reflects the Qing court's ability to weigh and judge in the implementation of the law. At the same time, the Qing court also made up for the shortcomings of Mongolian cases through judicial practice.
According to the practice of "Mongolian cases do not have special articles to quote criminal laws", when Mongolian regulations do not have specific provisions for certain situations, they can be dealt with by reference to the provisions of criminal laws.
The formation of this practice has made the scope of application of Mongolian regulations more flexible and guarantees the fairness of judicial decisions.
To sum up, the change in the principle of application of the Mongolian rules of the Qing Dynasty from "humanism" to "territorialism" is a response to social changes and the improvement of the legal system.
Changes in the social environment prompted the Qing court to adjust the principles of application of the law, shifting from personal status to the region where the crime occurred. The establishment of territorialism is conducive to resolving the contradictions between Mongolia and the hinterland, and maintaining social stability and justice.
The flexible application of the Qing court and the introduction of judicial practices enabled the principle of territorialism to better adapt to actual needs, reflecting the progress and development of the legal system.
This change also demonstrated the flexibility and inclusiveness of the Qing legal system, as well as the Qing court's ability and wisdom in governing the multi-ethnic empire.
Spiritual years, law blending
In the legal implementation of the Qing Dynasty, the principle of territorialism did not rigidly follow the literal meaning, but was applied according to the actual situation and local conditions.
The Qing court did not limit the term "hinterland" to the provinces within the Great Wall, but referred to it in general terms to areas where criminal law applied. This flexible application reflects the Qing court's ability to weigh and judge in the implementation of the law.
First of all, the Qing court's territorialism was not limited to negotiation cases, but applied to various types of crimes in Mongolia and the interior.
This means that whether in Mongolia or the hinterland, whether Mongolians or people from the hinterland, as long as the area where the crime occurred falls within the scope of the applicable criminal law, the criminal law will be applied to deal with it.
This approach takes into account population movements and social interactions between different regions, making the application of the law more flexible and fair. In addition, the Qing court's application of Mongolian regulations did not stop at criminal cases, but also included the application of law in other fields.
For example, the Qing court also gradually adopted the principle of territorialism in land disputes, civil cases, and affairs specific to Mongolia.
This practice of expanding the scope of application of territorialism has better met the social needs of Mongolia and maintained social order and stability.
In practice, the Qing court's application of the principle of territorialism was not static, but adjusted according to specific circumstances.
For example, the northeastern regions of Berdune, Sauron and other places were not part of the provinces within the Great Wall, however, due to the peculiarities of their geographical location, the Qing court listed them as areas where criminal laws applied.
This flexibility in the light of actual conditions makes the principle of territorialism more relevant to practical needs.
In addition to the principle of flexible application, the Qing court also took other measures to compensate for the shortcomings of the Mongol regulations. One of the important initiatives is to regulate the application of Mongolian regulations through judicial practice.
One of them is the practice of "Mongolian cases without specific references to criminal law". In the absence of specific provisions in Mongolian cases, it may be dealt with by reference to the provisions of the Penal Code.
The formation of this practice has made the scope of application of Mongolian regulations more flexible and guarantees the fairness of judicial decisions. In the middle of the Qianlong Dynasty, this practice was included in the Rules of the Lifan Court and became an important reference for judicial practice.
This practice of regulating the application of Mongolian norms through judicial practice further ensures the consistency of law and judicial stability. At the same time, judicial practice also provided guidance for the Qing court on the handling of special cases, filling some gaps in Mongolian provisions.
To sum up, the Qing dynasty's application of the principle of territorialism was not rigid but flexible. The principle of territoriality applies not only to criminal cases, but also to other areas of the application of the law.
The Qing court adjusted according to the actual situation, taking into account changes in geography, population movements, and social needs. In addition, the Qing court further compensated for the shortcomings of Mongolian regulations through judicial practices, ensuring the consistency of the application of law and the fairness of justice.
These flexible applications and the introduction of judicial practices made the principle of territorialism better adapted to actual needs, reflected the progress and development of the legal system, and also demonstrated the wisdom and ability of the Qing court to govern the multi-ethnic empire.
Epilogue:
The change in the principles of application of the Mongol rules of the Qing Dynasty was not only an adjustment of the legal system, but also a response to social change and multi-ethnic governance strategies. This change reflected the Qing court's concern for social needs and respect for multiculturalism.
The legal system of the Qing Dynasty demonstrated its ability and wisdom in governance through flexible application and the use of legal practices.
This historical experience provides a lesson for today's multi-ethnic countries, which fully take into account the needs of different ethnic groups in their legal system, guarantee justice and stability and promote harmonious social development.
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Bibliography:
"The Great Qing Law"
"The Great Qing Meeting"
"Qingshi Record"