论中国古代社会的民族法

Ethnic Laws in Ancient Chinese Society

论中国古代社会的民族法张文山中国古代社会是否存在民族法，这是民族法学研究中一个颇有争议的问题，也是中国法学的一个重要课题。这一课题的研究，有利于澄清关于法律起源的种种争论，也有利于确定民族法在中国法律发展史上的地位和作用。笔者不揣冒昧，力图从不同的层...

There has been a debate in the jurisprudence circle on the issue whether there was a law for the ethnic groups in ancient China. The writer holds that if there was not a perfect law to adjust the relations among the nationalities, China, as a multi-national country, would nt have been so strongly cohesive until today. Historical documents suggest that Chinese ancient national laws existed before the unification of the Qin Dynasty, developed further in the Tang Dynasty and the Song Dynasty, and became matured in the Ming and the Qing dynasties, when a complete set of ancient national law was finally enacted. The law possesses the following characteristics: 1. Upholding the unity of the multi-national country;2. Confirming the authority of the local authorities; 3.Expanding the gradual application realm of the national law; 4.Having strong inclination of inequality and forced assimilation natures.