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存留养亲制度是中原传统法律制度中体现儒家孝道文化的刑罚执行制度,是“礼法结合”的典型代表。清廷于嘉庆初年将其引入适用于外藩蒙古的蒙古律中,并在司法实践中运用。该制度的引入经历了从援引《大清律例》到于蒙古律中创设专条的过程。嘉庆朝初期,蒙古人的赡养习俗、刑罚观念以及此时期蒙古律的刑罚制度等条件的具备是蒙古律存留养亲制度形成的内在原因。清廷追求“法制统一”和稳固边疆统治的意愿则作为外部原因推动了该制度的形成。清廷在蒙古律中引入存留养亲制度时为适应外藩蒙古的社会环境和法律制度做了一定的变通。蒙古律存留养亲制度在实际运行中仍需援引《大清律例》的相关规定。
The system of surviving cuddly is the system of punishments that embodies Confucian filial piety culture in the traditional legal system of the Central Plains and is the typical representative of “the combination of courtesy and law”. In the early years of the Qing dynasty, Jiaqing was introduced into Mongolian law applicable to Mongolia as a foreigner and used in judicial practice. The introduction of the system has gone through the process of invoking the “Qing Law” to creating the art form in Mongolian law. In the early Jia-qing dynasty, Mongolian supportive custom, the notion of penalty and the system of the penalty of Mongolian law at this period were the inherent reasons for the formation of the system of Mongolian cachuning. The Qing court’s pursuit of “unity of the legal system” and the desire to stabilize the frontier rule have promoted the formation of this system as external reasons. When the Qing court introduced the system of keeping a cousin in Mongolian law, it made certain modifications in adapting to the social environment and legal system in Mongolia. In practice, the legal system of Mongolian clergy still needs to invoke the relevant provisions of “Qing Law”.