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司法权限方面的争议在界定清朝(1636-1912)诸帝与其蒙古臣民关系的实质上起到了重要作用。满蒙在法制上的互动可追溯至清朝建立前。那时,对于自己不满意的法律内容,蒙古人经常向满洲统治者求助。以汉名理藩院而广为人知的蒙古衙门的建立,可视为处理刚归顺的蒙古人信息的一种尝试。蒙古当局被赋予有限的司法权力,或者说在其职责范围内,理藩院被迫面对诉讼者试图与当局角力的困境,在形塑理藩院的职责范围上起着重要作用。本文认为:通过审视理藩院在法律方面的权限,我们可以看到原本多元的法律秩序向更一致、更稳定的方向发展着,并呈现出一种把蒙古人纳入中华法制的趋势。
The controversy over judicial power played an important role in defining the relations between the Ch’ing dynasty (1636-1912) and its Mongol subjects. Man-Mongolia interaction in the legal system can be traced back to before the establishment of the Qing Dynasty. At that time, the Mongols routinely sought help from the rulers of Manchuria for the legal content they themselves were not satisfied with. The establishment of the Mongol yamen, known as the Han name of the courthouse, can be seen as an attempt to deal with the Mongolian just-concluded. The Mongolian authorities have been given limited judicial power or, within their sphere of responsibility, the Courts of Justice is forced to face the plight that the lawsuits attempt to wrest with the authorities and play an important role in shaping the sphere of responsibility of the Courts. This article argues that by examining the legal authority of the RCCs, we can see that the originally pluralistic legal order has developed in a more coherent and stable direction and has shown a tendency to include the Mongols in the Chinese legal system.