边疆的概念与边疆的法律

The Concept of Borderland and the Laws on Borderland

本文认为在中国古代 ,边疆的概念有其特定的文化含义。不仅如此 ,边疆概念还有特定的、不同于西方以主权概念为中心的含义。边疆概念的这种特殊性质与中国古代特殊的、以汉文化为主体的多民族国家的政治传统和多元一体的文化格局有关 ,反映在中国古代的立法和司法制度上就是边疆的法律与边疆的概念和边疆的民族之间呈现出一种历史性的波动和相对稳定的统一。作者从这一角度对之进行探讨 。

In the ancient time of China, the concept of borderland had its own special cultural signification. Moreover, the concept of borderland had its own given meanings differing from the western one which centers at sovereignty. Such special character has something to do with the political tradition of multinational country with Han culture as main body and cultural manifold. Such special character reflected in China's ancient system of legislation and justice unfolds the unification of historical undulation and comparative stabilization between the law and the concept as well as the nationalities of borderland. The author studies them from this viewpoint in order to reinforce the concerning research.