- PII
- S1026-94520000616-5-1
- DOI
- 10.31857/S20000616-5-1
- Publication type
- Article
- Status
- Published
- Authors
- Volume/ Edition
- Volume / Issue 8
- Pages
- 72-79
- Abstract
- The article describes the legal system of Mengjiang which in 1930s and 1940s laid claim to leadership in the world of Mongolian peoples. In the context of the legal development of the Qing Empire in the early twentieth century the process of reception of European law and the Japanese legal traditions formed in the so-called system "six laws" is highlighted. The objective regularity of core identity of the occupied territories ’ normative material to the ones of the Republic of China is revealed. The content of the state policy in the field of law-making is disclosed and major industry rights of Mengjiang are characterized, including the business, civil procedure, criminal law, criminal procedure, criminal law enforcement, legal array in the design and implementation of public service. An attempt to give an explanation of the fact that neither the occupation forces of the Japanese army, nor by the authorities of Mengjiang eventually did not manage to create a full-fledged legal system is taken. Mengjiang itself was formed with the participation of the Kwantung Army Command and was treated by the Japanese side as a springboard for an attack on the USSR. In connection with this, the illusion of the Mongolian political elite with regard to the fact that it will be able to gain independence from the Republic of China, quickly disappeared. The Japanese used the law as an additional instrument of control and accountability of the occupied territories, skillfully building a legal structure. Taking into account the fact that the legal systems of Japan and the Republic of China were similar in many ways, they were respectively similar to the systems of the occupied territories and this fact provided a quick perception of the legal provisions by the populations and their execution. Since Japan considered Northeast China as an economic appendage, a significant emphasis was done on the legal regulation of economic relations. At the same time, creating a strong enough foundation for a new pan-Asian empire, Japan pursued a policy offull statehood construction in the occupied territories, including the formation of their own legal systems. And only the defeat in the World War II did not allow Japan and its areas to create a full-fledged state and legal institutions.
- Keywords
- legal Ifsystem, law, Mengjiang, Inner Mongolia, borrowing
- Date of publication
- 01.08.2016
- Number of purchasers
- 1
- Views
- 1126
RAS Social ScienceGosudarstvo i pravo
- ISSN (Print) 1026-9452
- ISSN (Online)2713-0398
The law and legal system of Mengjiang
Индексирование
Scopus
Crossref
Higher Attestation Commission
At the Ministry of Education and Science of the Russian Federation
Scientific Electronic Library