哈薩克族傳統(tǒng)法文化研究
發(fā)布時間：2018-09-04 11:11
【摘要】：哈薩克族是生活在中亞一帶的一個跨境民族,也是我國古代西北游牧民族的后裔,具有豐富的歷史文化遺產(chǎn)和習(xí)慣法制度,在歷史上曾經(jīng)作出了很多突出的貢獻。目前分布于哈薩克斯坦,俄羅斯,中國,烏茲別克斯坦,蒙古,土耳其,伊朗等20多個國家,其中中國境內(nèi)的哈薩克族人口約150萬左右。哈薩克人很早就活躍于我國西北部的阿爾泰山,天山及伊犁河谷,伊薩克湖一帶,是古"絲綢之路"最早的開拓者之一。哈薩克族的歷史悠久,分布很廣,生活在戰(zhàn)略地位十分重要的歐亞大陸中心腹地,從阿爾泰山,天山向西直到里海約300多萬平方公里的遼闊地域,從古至今,都是哈薩克族生活和活動的區(qū)域。這個區(qū)域里生活的哈薩克人的語言中不存在方言,這可謂是世界奇跡之一。公元前60年西域歸入中國,主要是哈薩克族先祖烏孫族和漢朝結(jié)盟共同擊敗了匈奴貴族后,才使巴爾喀什湖以東以南直至帕米爾高原的廣大土地成為中國的版圖,此后歷代哈薩克族為守衛(wèi)邊疆,維護祖國統(tǒng)一,創(chuàng)造中華民族光輝的歷史和燦爛的文化都作出了不可磨滅的貢獻。哈薩克民族的形成和發(fā)展是一個漫長的歷史過程,也是不斷創(chuàng)造豐功偉績的過程,追溯兩千多年的發(fā)展歷史,哈薩克族在歷史的長河中創(chuàng)造了豐富多彩的,具有游牧民族草原文化特色的傳統(tǒng)法文化。研究哈薩克族法律文化,無疑對于草原民族和傳統(tǒng)文化的研究具有重要的現(xiàn)實意義,也豐富了中華民族的法律寶庫。論文共分五章,在第一章緒論中對選題緣由,與選題相關(guān)的國內(nèi)外研究狀況,研究思路和研究意義及游牧民族法文化概念等問題等進行了論述,雖然資料很少,但頭一次把哈薩克汗國以前數(shù)千年的法文化生成演變列入到哈薩克法文化研究的范疇內(nèi)。并提出了哈薩克族族法律產(chǎn)生于漢代烏孫國時期,因為完整的法律和法律文化既要包括法典也要包括不成文的習(xí)慣法。本人的該觀點從亞里士多德在兩千多年前就講的:"由積習(xí)所形成的不成文法比成文法實際上還更有權(quán)威,所涉及的事情也更為重要",論斷中得到了印證。第二章對哈薩克族法文化源流進行了扼要的介紹和分析,筆者在研究哈薩克族法文化,探尋哈薩克族法文化的產(chǎn)生及流變時,對法文化與習(xí)慣,禁忌、圖騰、宗教信仰等文化現(xiàn)象的關(guān)系進行了必要的分析,因為禁忌、圖騰、原始宗教信仰是古老哈薩克社會的"無形法律",對于哈薩克族法文化來說,它們處于法源地位。對哈薩克族最早的法律形式、特點等問題進行了較深的闡述并對文化的角度去研究了哈薩克族傳統(tǒng)法文化,也就是研究文化中法律而不是法律中的文化。第三章是哈薩克族法文化的發(fā)展和完善即哈薩克汗國時期的法律制度,該部分是本人博士論文的重點,因此,本人對哈薩克汗國時期制定的三部法典進行了比較系統(tǒng)的研究,試反映哈薩克族法律文化的特點,探索哈薩克族法律文化發(fā)展和變遷的客觀規(guī)律。第四章主要敘述了哈薩克法文化的重要標(biāo)志:畢官法庭及著名畢的主要法律思想,主要介紹了麥克畢,阿布賚和阿拜的法律思想。第五章沙俄殖民改造對哈薩克法的影響和清朝對哈薩克族的法律治理并主要介紹了新疆阿勒泰阿巴克克烈部落的四畢托烈貴族法律法規(guī)�？傊�,哈薩克族法文化是西北民族地區(qū)建構(gòu)和諧社會不能忽視的文化資源,它將對民族地區(qū)建構(gòu)和諧社會提供本土法治資源支持,法治社會的最終目標(biāo)是實現(xiàn)和諧社會,追求和諧正是哈薩克族法文化的核心價值。同時.對探求民族法制建設(shè)中處理傳統(tǒng)法文化問題也具有一定的個案價值。
[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.
【學(xué)位授予單位】：蘭州大學(xué)
【學(xué)位級別】：博士
【學(xué)位授予年份】：2013
【分類號】：C954;D90-052
，
本文編號：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.
【學(xué)位授予單位】：蘭州大學(xué)
【學(xué)位級別】：博士
【學(xué)位授予年份】：2013
【分類號】：C954;D90-052
，
本文編號：2221908
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