On "One of Mongolia Oirat Code" of the Legislative Ethics

Paper Keywords: <<Mongolian Oirat code a>> Mongolian Legislation Legislative Ethics Ethics
Abstract: <<Mongolian Oirat code a>> legal literature is one of the three ancient Mongolian, is well-known Orientalist 雅金夫比丘林 Russia known as the "seventeenth-century Mongolian society a mirror." Most of the Code representative legislative Ethics, including: "Heaven Harmony" Ecological Ethics, "is still good to do good," the Yellow Sect Ethics, respect for women's social ethics.

Law and Ethics River to establish and maintain human two of the most basic norms of social order. In early human history, Law and ethics seamless, then gradually developed in the statute into two systems. But one thing is certain, No matter how the development and changes in the Law, it is difficult to get rid of Ethics. <<Mongolia Oirat code of a> "(referred to as <<code>> as a model of ancient Mongolian Laws, Research ethics legislation it contains will help From deep in the grasp of the value of the Mongolian traditional legal meaning, ethics can help to understand the deep meaning of the Law.

A, "<code>> the birth of their implementation
North yuan has been Mongolia's social strife, frequent wars, to the late 16th century early 17th century, with Russia and the Qing annexation east of the increase, Mongolian society at stake. To adjust the social order, consolidating the feudal rule, out of national crisis, 1640 September Khalkha, leaders in the ministries of Mongolia Oirat Tarbaghatai (Tacheng) Alliance, formed a broad alliance, and developed a new "Cazin will pull grams" (Mongolian "Code" or " regulations "means), that is, <<Mongolia Oirat code >>.<< a code>> The promulgation and implementation of the consolidation of the feudal rule, stability, social order, nearly half a century Mongolian society was no major conflict, in pArticular The rapid rise of the Junggar Khanate legal protection played a role. But with 1666, due to competition for the Junggar and Khalkha Kashmir pastoral Kyrgyz Tim and war tax in kind, and the fall of 1687, eArth observation Hui Xie Figure Khan more Seoul economy led troops into Zha Sake Figure Khan Ministry and the Ministry of invasion Oirat, and then embarked Galdan Eastern Campaign, now, ((code>> of the military law, tribal alliances and other political and military law in the basic failure of .1688 Khalkha with mid-18th century Qing Dynasty unified Qinghe Junggar, Mongolia, the Qing law was incorporated national legal system, but <<Code>> pArt of customary law and the spirit of the legislation are still playing a role. Qing government promulgated the <<Mongol Law>> and <<Implementation of Disaster>> have inherited a lot to <<code>> as the representative of Mongolian customary law and legal thinking [2], and even the late 20th to the 20th century, Xinjiang's special interest in South Turku Justice is also affected by <<code>> of ,1929-1930 in Xinjiang Danish explorer Hengninghashi lun in the <<the Mongolian people and God>> a book the following account: Turku special judicial interest sector is based on the ancient tradition of the court, and its main aspect is the concept of Justice and consistency of their ancestors, and its legal provisions in the 1640 codification.

Second, "<code>> manifestation of the Legislative Ethics
American jurist Lon Fuller has pointed out, the real legal system must meet certain ethical standards, improve the moral law is inherent and external morality, is a procedural and substantive nature of the unity of natural law. Oh Code>> Mongol feudal lords as a tool of class rule, class domination, while in the service, so that the combination of legal and ethics, which is the source of its vitality. <<Code>> wide-ranging, involving political, economic, customs and other areas , contains a wealth of ethical thought, I mainly have more progressive and representative analysis of three aspects of ethics to the future <<Code>> Legislative Ethics comprehensive, in depth Research attract valuable comments.

(A) of the "harmony between heaven," the Ecological Ethics
Long-term nomadic practice, respect for nature, reverence for life, the ecological concept of harmony has become the Mongolian important pArt of spiritual life. That the day is "Ci Beiren love of the Father", the gift of human life; to be "the joy Hirsch mother ", bringing the human body; livestock are" born of the life of heaven and eArth "." harmony between heaven and "eco-ethics is mainly reflected in the" <Code>> Section 24,25,57,58,72,80, 82,112,116 bar.

1. "Grassland centered" concept. Grassland livestock production is the foundation of the nomadic economy is a prerequisite for the existence and development, which is Mongolian "Prairie centered" concept of the formation of deep roots. "Grassland is the mother of pastoral heart "So," <code>> severely endanger the safety and undermine the prairie grassland ecological balance of the act.

First, to prevent prairie fires. Mongolian Plateau vegetation flourished, dry and windy weather, a fire-prone areas, to prevent fires and maintain grassland ecological security, it has from the common law to statutory fire safety requirements. <<Code>> states: "The local nomadic herders to move out of the fight (broken) by the fire, a compliment to be the sheep (those who survived the fire were to fire a sheep)" (Article 57); "The hatred of arson at a very heavy punishment" ( Article 58.) aspect miles Mongolian Plateau, vegetation flourished, dry and windy weather, the event of fire, on the Mongolian grassland ecology and the public interest is difficult to assess the damage. So, these two left on the life of deliberate arson fire and the law provisions of the Mongol steppe ecology is the legal aspect of the show.

Second, the maintenance of the food chain balanced. Grassland food chain is extremely fragile and require human intervention. <<Code>> states: "the sea ducks, sparrows and dogs who used to worship a Coma; kill all snakes (except Allah Ke Wula the outside) for families who sacrifice two arrows, no knife-edged arrows are subjects "(p. 112);" sanctuary in the extinction of wild goats are kings, and bent a fine property of mid-sentence; I do not know (is closed) and those who committed the crime is not to sit "(Article 25). Mongolia fewer animal species. One particularly rodents, and in different seasons and years, due to rainfall and other factors, population and community structure is not stable. to maintain grassland ecological balance, prohibiting sea duck, sparrows, snakes and other animals slaughtered, is conducive to control insect and rodent infestation on the prairie, especially mice prairie grassland ecological balance is destroyed a public hazard, the mice in addition to eat a lot of digging roots, but also poured a lot of surface dust, resulting in grassland desertification.

2. Reverence for life, cherish the idea of ​​livestock. Livestock bearing on the survival and development of Mongolian. In the practice of production and life of nomadic cattle connects man and nature, shepherds have friendship in the hands of sheep, horses, cattle and other "livestock" , produced a treasure to protect livestock ethics. <<Code>> states: "The camels were rescued from the mud, get one-year-old mare; rescued sheep and a horse bidder; rescued cows who have five arrows; two arrows to those who rescued the sheep "(Article 82)," <Code>> Section 57 and Article 80 is a similar requirement. "In addition to non-earners to leave the mother camel camel, mare de Xinjiang network, recently calving cows, the squeeze (someone livestock) the person milk, scientific-year-old mare the property of sentence (116 Wing). "squeeze left without the mother camel, Aberdeen, camel, mare de Xinjiang network, recently produced The milk cow calf, can provide food for pedestrians, but also relieve the physical suffering of animals is completely user-friendly management.

Mongolian is the "horse nation", Ma is considered to be the God of heaven to Lu, there is no horse, a shepherd lost gods. Mongols, the nomadic steppe in the business production, can not live without horses, in the war, Mongolian cavalry more to the glory of winning that shocked the world. Therefore, the Mongols did not put the horse as a general livestock, but recognized as friends and partners. For example, in the epic <<Epic>> in the first horse is second only to the hero two heroes. In "<code>> is also reflected in Mongolian horses, horse statue practices, provides that" the horse who refused to replace the tired, old mare a Section to the property of torture "(Article 24 ); "noble person in front of the face, beat the horse who Coma horse" (p. 72).

From the foregoing, "<code>> is a traditional Mongolian nomadic economy to the basis of" harmony between man and "Ecological Ethics developed under the guidance of" eco-Code "," Green Code. "
(B) "is still good to do good," the Yellow Sect Ethics
Northern Yuan period, the Mongolian long-term social chaos, the original Shamanism has become a social development hindered .16 Century 70's to the early 17th century, the Yellow Sect ③ has transmission Mongolia regions. Yellow Sect advocates good deeds, advocating that retribution against the war and non-killing such doctrine, for the Mongols and cultural background of social psychology, conform to the social development of Mongolia, to meet the religious theocratic feudal lords to consolidate political power, the need to maintain social order, by the east, Simon ancient generally accepted, there has been "subject Lama is listening to the words "(Manchu rulers came to Record) phenomenon. Yellow Sect spread in Mongolia and beliefs of society, on the Mongolian political, legal, cultural and social life had a profound effect. as the 17th century Mongolian society Dafa," <code>> also do good by suppressing the Yellow Sect of evil, non-killing effects of the ethical values. The most significant impact, "<code>> basically abolished the ancient common law commonly used in the Mongolian capital punishment and physical punishment, and replace them with nomadic characteristics with strong Criminal penalties for livestock.

In Criminal law, first, the principle use of the death, the death penalty only applies to the feudal lords of endangering national security or threaten the lives of three cases. And even murder, the punishment is also used instead of the property. For example, "<code>> requirement" to kill his son parent, not membership of their property; father killed his son, in addition to my family, all other property and not per capita membership "(Article 31);" male slaves were punished fifty-nine kill, kill female slaves were the property of Criminal punishment thirty-nine husband husband. Penalty killing his wife abandoned fifty-nine "(p. committed article). Second, stealing things, assault thing, endangering public safety matters and other general Criminal cases, according to the case and the parties and witnesses to report the identity, ranging from fine punishment and reward livestock animals, as bear the corresponding legal responsibility. <<Code>> states: "The thief (who killed animals) used to steal into the (others) inside Ruth Wu, Ruth Lord of the Wu on the (thief) Division In livestock a penalty "(p. 94);" who steal a big pot or a three-legged iron stand, the Department of the finest nine penalties, the Department of moderate penalty of five (livestock), the Department of the penalty under the other three one-year-old mare, (section 121). There are many similar provisions. In short, the penalty for animal torture murder, arson, wounding, rape, theft, abuse and all other Criminal offenses. reposted elsewhere in the Research Papers Download http : / / www.hi138.com departments in the criminal law other than law, even without physical torture, completely fine animal torture. such as administrative law, the "Messenger ordered refuse to travel on business, the Branch Penalty nineteen" ; property law, the "extinction of wild goats in the sanctuary were kings, and bent a fine property of mid-sentence; I do not know (is closed) and those who committed the crime is not to sit", and so on.

Criminal penalties for animal Mongol Law first appeared in the Genghis Khan <"The Great Sapporo withdraw>>, but until <<code>> before the birth, a fine animal is not a major means of punishment. <<Code>> a change in the limbs of ancient cruelty torture and death penalty in almost every animal are used in criminal penalties, the Yellow Sect "still good" Ethics and the impact of this legal change is unquestionable. but it must be noted that the widespread use of criminal penalties livestock, as well as political, economic, historical and other reasons.

(C) the moral ethic of respect for women
"Some of the work of women in the nation than we envisaged to be much more often these peoples the Europeans on women With more than we really respect ."(<< Selected Works of Marx and Engels,>" (Volume 4) "In the Mongolian nomadic economy and society, women in addition to undertaking a" sewing, wine making, tan hides, milking, tied camel, accountant, to pack up "and other domestic, but also in Jie Gao, sheep shearing, mature skin, mowing, sheep and other livestock production, they can even participate in military action, "the vulgar, is not sending troops to poor, multi-engine and the line with his wife ... ... men and women take a more complex phase can not help pay to persuade. Mongolian women in the production life the role of no less than men, so in the "patriarchal" society under the guidance of the ancient Mongolia, women's social status as women did not like the poor farming peoples, the concept of male superiority is relatively weak, more women are respected and protected, resulting in Many, like "a woman is born with Khan," "milk of the mother to feed the beloved" and the Mongolian proverb. Mongolians respect for women, the ethical values ​​in the "<code>> to get a good validation.

First, to protect the personal safety of women, protect women's dignity, "<code>> to do a detailed specific requirements. First, on the identification and punishment of rape. <<Code>> states:" The reluctance of women to men strong (rape), and then, the man punished mid. raping an unmarried woman who twenty-nine punishment, such as women who wish penalty In. "including female slaves also protected by law," (rape) a female slave who Coma "(p. 69). Second, the harassment, indecent assault and criminal punishments for women. <<Code>> states:" Women's hair or hats pulled Ying property imposing criminal penalties nineteen (73) " (This is enough to buy the noble wife who abandoned the price); on the "touching of the breast or over the age of woman (whom) who kiss", not only impose a sentence of property, but also "playing with their genitals means" (article 73 ). women's rights legislation, not only to protect the personality and dignity of women, but also protect them from injury. The nature of today, has its own anti-harassment law, which shows respect for women in this society of ancient Mongolian Ethics is developed.

Second, according to Mongolian custom, rich or poor, parents and parenting women who have the obligation to dowry to the woman, the custom in the "<code>> in the embodied. <<Code>> strictly the provisions of the different sectors women, property type and number of dowry, to address the economic status of women in Mongolia. "chinensis Qi (forty long) of the woman a dowry, to be ten garments, cloth twenty, saddle, bridle, short jackets and sleeveless clothing of the one, two horses "; shocked the amount of income (twenty long) of the woman a dowry, to be five pieces of clothing, clothing ten, a camel, horse horse"; "dowry for the middle class, four clothing pieces of cloth ten, horses and camels of the head ";" dowry among the lower classes is the one horse and camel, sleeveless jacket coat, saddle, bridle the one, '(Article 35).

Third, in addition to the above, "<code>> also made debt relief for women, the provisions of protection of pregnant women. Such as women and the feudal lords, or in the discharge of the debt between Nuoyan for special circumstances," <code>> to do out of the relief provisions: "Women in the transport wine and sheep on the way, some of which take hit (liabilities), it does not count, if (take) a lot of debt, then the liabilities should be considered half (ie pay half)" (p. 65). In the old "will pull Cazin g" (ie the old <<Oirat code>>), also have similar requirements: "Women to the house or family in front of his request to be excused the penalty, from the principle of respect for women starting off with a slap generally free, subject to heavy penalties by half. "Mongolia's population of women with reproduction and social development has made tremendous contributions to pregnant women as a special people, by the community care. <<Code>> implemented Award penalty both on the "nursing mothers who pay remuneration by contract, no contract, you give a horse" (p. 83), for "due cause abortion of those subjects the fetus to the same nine months of the property equal to the cut punishment "(article 73).

The form of law provides for specific detail some of the basic rights enjoyed by women, this legislation fully proved by the fact that Mongolian respect for women and the moral ethic of the <<Code>> choice of the value of legislation.

III Conclusion
By <<code>> in the effective implementation of the Mongolian long-term social review the historical facts, as well <<code>> analysis of legislative ethics, I believe that, "<code>> will be truly outstanding 17th century Mongolian Ethics thinking of financial laws and regulations among others, to achieve a combination of law and ethics, to legislative unity of thought and legal practice, especially in some of their customary law, in line with Kant said that the legislation of the most basic one - ethics legislation.

Linked to the reality, the absence of ethical concern for the law, even against the reality of law and ethics, I believe that the law is the most basic ethical, legal and ethical both are the same, those that meet the national cultural psychology, excellent , universal ethics should be reflected in legislation. because only "that makes an act a duty; and such obligations at the same time is motivation," the law is vitality. Links to Research Papers Download Center http://www.hi138.com