一八世紀ハルハ・モンゴルにおける法律の推移

Abstract

As to the legislation of Khalkha Mongolia (Outer Mongolia) under the reign of the Qing dynasty, the following facts has been known, that is, the fact that they had established laws by themselves before 1728, and the cases of application of the Mongol Code of the Qing government 清朝蒙古例 (the Mongol Code enacted by the Qing government) after 1789. However there are no studies about the legislation of that sixty years so the change from the original law of Khalkha to the Mongol Code of the Qing government has not been clear at all. This article fixed that the unidentified law, applied in 1784 to the case of a horse thief in Khalkha, was the one established in 1746 by the royalty of the four parts of Khalkha, and then proved that (on the other hand) the same law was the compromise law interpreted and revised independently by Mongolian from the Mongol Code of the Qing government. And this article discovered that a part of the law of Mongolia, and supported that the change from the original law of Khalkha to the law of Mongolia by the Qing dynasty had progressed gradually during about sixty years, namely, from 1728 through the compromise law of 1746 to 1789. The author considers that this change was not made at once but was made little by little using both laws.