哈萨克族传统法文化研究
发布时间：2018-09-04 11:11
【摘要】：哈萨克族是生活在中亚一带的一个跨境民族,也是我国古代西北游牧民族的后裔,具有丰富的历史文化遗产和习惯法制度,在历史上曾经作出了很多突出的贡献。目前分布于哈萨克斯坦,俄罗斯,中国,乌兹别克斯坦,蒙古,土耳其,伊朗等20多个国家,其中中国境内的哈萨克族人口约150万左右。哈萨克人很早就活跃于我国西北部的阿尔泰山,天山及伊犁河谷,伊萨克湖一带,是古"丝绸之路"最早的开拓者之一。哈萨克族的历史悠久,分布很广,生活在战略地位十分重要的欧亚大陆中心腹地,从阿尔泰山,天山向西直到里海约300多万平方公里的辽阔地域,从古至今,都是哈萨克族生活和活动的区域。这个区域里生活的哈萨克人的语言中不存在方言,这可谓是世界奇迹之一。公元前60年西域归入中国,主要是哈萨克族先祖乌孙族和汉朝结盟共同击败了匈奴贵族后,才使巴尔喀什湖以东以南直至帕米尔高原的广大土地成为中国的版图,此后历代哈萨克族为守卫边疆,维护祖国统一,创造中华民族光辉的历史和灿烂的文化都作出了不可磨灭的贡献。哈萨克民族的形成和发展是一个漫长的历史过程,也是不断创造丰功伟绩的过程,追溯两千多年的发展历史,哈萨克族在历史的长河中创造了丰富多彩的,具有游牧民族草原文化特色的传统法文化。研究哈萨克族法律文化,无疑对于草原民族和传统文化的研究具有重要的现实意义,也丰富了中华民族的法律宝库。论文共分五章,在第一章绪论中对选题缘由,与选题相关的国内外研究状况,研究思路和研究意义及游牧民族法文化概念等问题等进行了论述,虽然资料很少,但头一次把哈萨克汗国以前数千年的法文化生成演变列入到哈萨克法文化研究的范畴内。并提出了哈萨克族族法律产生于汉代乌孙国时期,因为完整的法律和法律文化既要包括法典也要包括不成文的习惯法。本人的该观点从亚里士多德在两千多年前就讲的:"由积习所形成的不成文法比成文法实际上还更有权威,所涉及的事情也更为重要",论断中得到了印证。第二章对哈萨克族法文化源流进行了扼要的介绍和分析,笔者在研究哈萨克族法文化,探寻哈萨克族法文化的产生及流变时,对法文化与习惯,禁忌、图腾、宗教信仰等文化现象的关系进行了必要的分析,因为禁忌、图腾、原始宗教信仰是古老哈萨克社会的"无形法律",对于哈萨克族法文化来说,它们处于法源地位。对哈萨克族最早的法律形式、特点等问题进行了较深的阐述并对文化的角度去研究了哈萨克族传统法文化,也就是研究文化中法律而不是法律中的文化。第三章是哈萨克族法文化的发展和完善即哈萨克汗国时期的法律制度,该部分是本人博士论文的重点,因此,本人对哈萨克汗国时期制定的三部法典进行了比较系统的研究,试反映哈萨克族法律文化的特点,探索哈萨克族法律文化发展和变迁的客观规律。第四章主要叙述了哈萨克法文化的重要标志:毕官法庭及著名毕的主要法律思想,主要介绍了麦克毕,阿布赉和阿拜的法律思想。第五章沙俄殖民改造对哈萨克法的影响和清朝对哈萨克族的法律治理并主要介绍了新疆阿勒泰阿巴克克烈部落的四毕托烈贵族法律法规。总之,哈萨克族法文化是西北民族地区建构和谐社会不能忽视的文化资源,它将对民族地区建构和谐社会提供本土法治资源支持,法治社会的最终目标是实现和谐社会,追求和谐正是哈萨克族法文化的核心价值。同时.对探求民族法制建设中处理传统法文化问题也具有一定的个案价值。
[Abstract]:Kazakh is a cross-border ethnic group living in Central Asia. It is also a descendant of nomadic people in the ancient northwest of China. It has rich historical and cultural heritage and customary law system. It has made many outstanding contributions in history. It is now distributed in Kazakhstan, Russia, China, Uzbekistan, Mongolia, Turkey, Iran and so on. Kazakhs were active in the Altai Mountains, Tianshan Mountains, Yili River Valley and Isaac Lake in the northwest of China. They were one of the earliest pioneers of the ancient "Silk Road". The Kazakhs had a long history, a wide distribution and lived in Eurasia with a very important strategic position. The hinterland of the continental center, a vast area of about 3 million square kilometers from the Altay Mountains, the Tianshan Mountains West to the Caspian Sea, has been an area of Kazakh life and activity since ancient times. There is no dialect in the language of the Kazakhs living in this area, which is one of the wonders of the world. In 60 BC, the Western Regions were incorporated into China, mainly in Kazakhstan. After the Croat ancestor Wusun and Han Dynasty jointly defeated the Xiongnu aristocracy, the vast land of the Balkash Lake to the south of the Pamir Plateau became the territory of China. Since then, the Kazakhs have made indelible tribute to defend the frontier, safeguard the reunification of the motherland, and create the glorious history and splendid culture of the Chinese nation. Xian. The formation and development of the Kazakh nation is a long historical process, but also a process of continuous creation of great achievements. Looking back more than 2000 years of development history, the Kazakhs have created rich and colorful traditional legal culture with the characteristics of nomadic grassland culture in the long course of history. The study of grassland nationality and traditional culture is of great practical significance and has enriched the legal treasure house of the Chinese nation. The paper is divided into five chapters. In the first chapter, the reasons for the selection of the topic, the domestic and foreign research situation related to the selection of the topic, the research ideas and significance, and the concept of nomadic ethnic law and culture are discussed, although the data are available. Rarely, but for the first time, the generation and evolution of the legal culture of the Kazakh Khanate in the thousands of years before was included in the study of the legal culture of Kazakhstan. It is proposed that the laws of the Kazakh nationality originated in the period of the Wusun State in the Han Dynasty, because the complete law and legal culture should include both the code and the unwritten customary law. Richter said more than 2000 years ago, "the unwritten law formed by the accumulated customs is more authoritative than the statute law in fact, and the matters involved are more important." The conclusion is confirmed. Chapter 2 gives a brief introduction and analysis of the origin and development of the Kazakh legal culture. The author is studying the Kazakh legal culture and exploring the Kazakh legal culture. When the legal culture comes into being and changes, it is necessary to analyze the relationship between legal culture and customs, taboos, totems, religious beliefs and other cultural phenomena, because taboos, totems, primitive religious beliefs are the "invisible laws" of the ancient Kazakh society, for the Kazakh legal culture, they are in the source of law. The third chapter is the development and perfection of Kazakh legal culture, that is, the legal system of Kazakh Khanate period. This part is the focus of my doctoral dissertation. Therefore, I have made a systematic study of the three codes formulated in the period of Kazakhstan Khanate, trying to reflect the characteristics of Kazakh legal culture and explore the objective law of the development and changes of Kazakh legal culture. Chapter 5 The influence of the Russian colonial reform on Kazakh law and the legal governance of the Qing Dynasty on the Kazakh people. It mainly introduces the laws and regulations of the four Bitori aristocrats of the Abakri tribe in Altay, Xinjiang. In a word, the Kazakh law culture is the construction of harmonious society in the Northwest Ethnic areas. It will provide local legal resources for the construction of a harmonious society in ethnic areas. The ultimate goal of a legal society is to achieve a harmonious society. The pursuit of harmony is the core value of the Kazakh legal culture.
【学位授予单位】：兰州大学
【学位级别】：博士
【学位授予年份】：2013
【分类号】：C954;D90-052
，
本文编号：2221908
[Abstract]:Kazakh is a cross-border ethnic group living in Central Asia. It is also a descendant of nomadic people in the ancient northwest of China. It has rich historical and cultural heritage and customary law system. It has made many outstanding contributions in history. It is now distributed in Kazakhstan, Russia, China, Uzbekistan, Mongolia, Turkey, Iran and so on. Kazakhs were active in the Altai Mountains, Tianshan Mountains, Yili River Valley and Isaac Lake in the northwest of China. They were one of the earliest pioneers of the ancient "Silk Road". The Kazakhs had a long history, a wide distribution and lived in Eurasia with a very important strategic position. The hinterland of the continental center, a vast area of about 3 million square kilometers from the Altay Mountains, the Tianshan Mountains West to the Caspian Sea, has been an area of Kazakh life and activity since ancient times. There is no dialect in the language of the Kazakhs living in this area, which is one of the wonders of the world. In 60 BC, the Western Regions were incorporated into China, mainly in Kazakhstan. After the Croat ancestor Wusun and Han Dynasty jointly defeated the Xiongnu aristocracy, the vast land of the Balkash Lake to the south of the Pamir Plateau became the territory of China. Since then, the Kazakhs have made indelible tribute to defend the frontier, safeguard the reunification of the motherland, and create the glorious history and splendid culture of the Chinese nation. Xian. The formation and development of the Kazakh nation is a long historical process, but also a process of continuous creation of great achievements. Looking back more than 2000 years of development history, the Kazakhs have created rich and colorful traditional legal culture with the characteristics of nomadic grassland culture in the long course of history. The study of grassland nationality and traditional culture is of great practical significance and has enriched the legal treasure house of the Chinese nation. The paper is divided into five chapters. In the first chapter, the reasons for the selection of the topic, the domestic and foreign research situation related to the selection of the topic, the research ideas and significance, and the concept of nomadic ethnic law and culture are discussed, although the data are available. Rarely, but for the first time, the generation and evolution of the legal culture of the Kazakh Khanate in the thousands of years before was included in the study of the legal culture of Kazakhstan. It is proposed that the laws of the Kazakh nationality originated in the period of the Wusun State in the Han Dynasty, because the complete law and legal culture should include both the code and the unwritten customary law. Richter said more than 2000 years ago, "the unwritten law formed by the accumulated customs is more authoritative than the statute law in fact, and the matters involved are more important." The conclusion is confirmed. Chapter 2 gives a brief introduction and analysis of the origin and development of the Kazakh legal culture. The author is studying the Kazakh legal culture and exploring the Kazakh legal culture. When the legal culture comes into being and changes, it is necessary to analyze the relationship between legal culture and customs, taboos, totems, religious beliefs and other cultural phenomena, because taboos, totems, primitive religious beliefs are the "invisible laws" of the ancient Kazakh society, for the Kazakh legal culture, they are in the source of law. The third chapter is the development and perfection of Kazakh legal culture, that is, the legal system of Kazakh Khanate period. This part is the focus of my doctoral dissertation. Therefore, I have made a systematic study of the three codes formulated in the period of Kazakhstan Khanate, trying to reflect the characteristics of Kazakh legal culture and explore the objective law of the development and changes of Kazakh legal culture. Chapter 5 The influence of the Russian colonial reform on Kazakh law and the legal governance of the Qing Dynasty on the Kazakh people. It mainly introduces the laws and regulations of the four Bitori aristocrats of the Abakri tribe in Altay, Xinjiang. In a word, the Kazakh law culture is the construction of harmonious society in the Northwest Ethnic areas. It will provide local legal resources for the construction of a harmonious society in ethnic areas. The ultimate goal of a legal society is to achieve a harmonious society. The pursuit of harmony is the core value of the Kazakh legal culture.
【学位授予单位】：兰州大学
【学位级别】：博士
【学位授予年份】：2013
【分类号】：C954;D90-052
，
本文编号：2221908
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