<Articles>The Application of Law to the yeke sabi in Mongolia under the Qing Dynasty's Rule : Serfs of the Great Living Buddha and Criminal Cases

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  • <論説>清代モンゴルのイフシャビに対する法律の適用 : 大活仏の領民と刑事裁判
  • 清代モンゴルのイフシャビに対する法律の適用--大活仏の領民と刑事裁判
  • シンダイ モンゴル ノ イフシャビ ニ タイスル ホウリツ ノ テキヨウ ダイ カツブツ ノ リョウミン ト ケイジ サイバン

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Abstract

Apart from the nobility and the slaves, the Outer Mongolian nomads under the Qing dynasty's 清朝 rule were classified into the following three groups of social standing: namely, sumun-u arad, who were the free subjects of the Qing emperor, qamjily-a, who were private serfs of the Mongolian nobility, and sabi, who were serfs of living Buddhas of Tibetan Buddhism. Although the outline of the judicial rule concerning sumun-u arad and qamjily-a has been made clear, the problem of what law was applied to criminal cases involving yeke sabi, who were serfs peculiar to the great living Buddha in the city of yeke kuriy-e 庫倫 has not been clarified at all, because they were controlled under a special administrative organization. So far, we have three different theories. As a result of identifying the laws applied to three criminal cases of yeke sabi in the late Qing dynasty, this paper will show that in addition to the original Mongolian law qalq-a jirum, Menggu li 蒙古例 and Daqing luli 大清律例 of the Qing government had begun to be in effect by the end of the dynasty. Also, made clear is the continued use of ulayan qacartu, collections of judicial precedents of qalq-a jirum, as case law until the end of Qing dynasty.

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  • 史林

    史林 84 (4), 602-629, 2001-07-01

    THE SHIGAKU KENKYUKAI (The Society of Historical Research), Kyoto University

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