2007Journal of Anhui UniversityRequires access

Xianbei's Common Law and the Dualistic Characteristic of the Legal System of the Northern Wei Dynasty

Min Zou

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Abstract

The legal system of the Northern Wei Dynasty has an important historical status in the Chinese feudalistic legislative System.The common law of Xianbei Ethnic Group is the legal miniature of early nomadic tribes,and is also the special starting point of the Northern Wei legislative framework.Instructed by the orthodox feudalistic legal thought,the Northern Wei rulers learned from the feudalistic legal experiences of the Han nationality,retained part of Xianbei's own common law,and finally created the Dynasty's own legal system.Therefore,the legal system of the Northern Wei Dynasty displays the dualistic characteristic of feudalistic law and the ethnological common law.

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The legal system of the Northern Wei Dynasty has an important historical status in the Chinese feudalistic legislative System.The common law of Xianbei Ethnic Group is the legal miniature of early nomadic tribes,and is also the special starting point of the Northern Wei legislative framework.Instructed by the orthodox feudalistic legal thought,the Northern Wei rulers learned from the feudalistic legal experiences of the Han nationality,retained part of Xianbei's own common law,and finally created the Dynasty's own legal system.Therefore,the legal system of the Northern Wei Dynasty displays the dualistic characteristic of feudalistic law and the ethnological common law.

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Available abstract

The legal system of the Northern Wei Dynasty has an important historical status in the Chinese feudalistic legislative System.The common law of Xianbei Ethnic Group is the legal miniature of early nomadic tribes,and is also the special starting point of the Northern Wei legislative framework.Instructed by the orthodox feudalistic legal thought,the Northern Wei rulers learned from the feudalistic legal experiences of the Han nationality,retained part of Xianbei's own common law,and finally created the Dynasty's own legal system.Therefore,the legal system of the Northern Wei Dynasty displays the dualistic characteristic of feudalistic law and the ethnological common law.

Key concepts: Legislature, Nationality, Law, Common law, Legal culture, History, Ethnic group, Ancient history

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