摘要
中华法系是由各民族共同缔造的,各族人民都贡献了法律智慧,"多元统一"成为中国传统民族法制的重要特点。清代是中国历史上典型的多民族国家,其民族法制最具有代表性。清代中央政权通过"认可"民族地方原有的法规或者习惯法、"制定"民族地方的特别立法和"变通适用"全国性立法这样几种方式,使得国家的法律秩序呈现出"多元"的色彩,保留并照顾了民族的特点和多样性。然而,"多元"的实质还是立足于"统一",清代法律统一化的趋势随着中央政权的巩固逐步完成,民族地方法律的不足也需要国家统一立法的弥补。解读清代的民族法制可以看出,法律的"多元"与"统一"相辅相成,合则两兴,分则两败。这正是对于我们当今最大的启示。
The Chinese legal system was created by the people of all ethnic groups in China, who had con- tributed to the wisdom of the law, so multiple unification became an important feature of the traditional Chinese legal system. The Qing Empire was a typical multi - nationality country in the history of China, and its legal system of ethnic groups was the most representative. By approving the original laws and regulations or customa- ry law in the ethnic areas, by enacting special laws for the formulation of national areas, and by flexibly apply- ing the unified law of the state, the Qing Empire constructed a pluralistic legal order, took care of the character- istics of the ethnic areas and reserved the diversity of them. However, diversity was the essence of unity. With the consolidation of centralization of power, the legal system gradually tended to be unified, and the Qing Em- pire often used ethnic legislation to make up for the lack of law in the ethnic areas. Through viewing the ethnic legal system in Qing Dynasty, we can find that pluralism and unionism are not contradictory. If they combine well, they will succeed in the legal field, vice versa. This is a revelation to us today.
出处
《政法论坛》
CSSCI
北大核心
2015年第6期87-95,共9页
Tribune of Political Science and Law
关键词
民族法制
多元
统一
清代
《大清律例》
The Ethnic Legal System
Pluralism
Unionism
the Qing Dynasty
Ta Tsing Leu Lee
