First, the emergence, composition and implementation of the North-South official system
Before the establishment of Liao State, the Khitans basically practiced the tribal alliance system with blood as the link. After two tribal alliances between Yamato and Yaodi, the Khitan tribal system was gradually formed and consolidated, and national identity was gradually formed. After the establishment of Liao Dynasty, the internal organization of Qidan nationality changed qualitatively and began to integrate. With the continuous expansion of territory, the ethnic composition is becoming more and more complex, and management problems also follow.
After the founding of the People's Republic of China, Lu Ye Abaoji proclaimed himself emperor, and there were already many ethnic groups such as Han nationality, Xi, Shiwei, Bohai and Jurchen in the territory of Liao. How to govern such a country to become the ruler of Liao Dynasty. It is in this historical background that the North-South official system came into being.
The north-south official system is a dual-track official system from the central government to the local government. Later generations follow the name, which is not true. Official department, big slaughter, big Stuart, history books, Chinese books, doors; In the Ministry of War, one is Sima, the other is Fu, and the other is the special envoy of the Tang Dynasty. According to the ancient official names, the division of responsibilities today matches it, so the names of the laws that the former king ruled the world, such as managing silk, are confused. Qidan is old-fashioned, simple and professional, with a simple official system, a clean name, prosperity and wealth. In six years, Mao wrote to the squad leader. As for Taizong, he also made a China, and the officials were divided into north and south. He ruled Qidan with the state system and treated Han people with the Han system. The state system is simple, while the Han system adheres to the wind of fame and fortune, that is, "governing the Khitan with the state system and the Han people with the Han system", and "dividing the Han people" and centralizing power in the emperor's political system. In the northern official system, there are the Privy Council, the Prime Minister's Office, Wang Ting, the Imperial Accountant and Bei Gong. In the southern official system, Liao "has one swallow and ten generations have six States." It re-established officials from three southern provinces, six ministries, Taiwan Province, hospitals, temples, prisons, ladies and gentlemen, and the Eastern Palace with the Tang system. Really interested in the imperial system, but also to attract China people. " . [2] It can be seen that the southern official system was gradually formed by adopting the official system of Tang and Song Dynasties.
In 926, the Khitan army destroyed the Bohai State, established the Dongdan State, and implemented the policy of "a state within a state". When Emperor Taizong of Liao Dynasty got sixteen states; Before that, many Han Chinese entered the territory of Qidan to live and live in order to avoid war or disaster. At that time, the Han nationality was superior to the Khitans who lived on weeds in many ways. The rulers of Liao Dynasty had to rely on the support and help of the Han nationality and other nationalities if they wanted to achieve long-term stability of the country. The official system of North and South was formally established in the Liao Dynasty when Emperor Shizong of Liao Dynasty. Judging from the establishment of this measure, it has played an important role in consolidating rule, reconciling ethnic contradictions and promoting ethnic integration. "Begging for neighbors and being silent for hundreds of years" shows the unique vision and strategy of the rulers at that time.
Of course, the North-South official system was not the only way for Liao Dynasty to rule a multi-ethnic country, but I think this system is one of the most important and distinctive systems in its legal system. Compared with Bohai State's establishment of "a state within a state" Dongdan State, and Xi Nationality's use of "repression and appeasement", the North-South official system is undoubtedly more permanent and stable. "The official position of the Liao State is divided into the North and South Courtyards, the North is in charge of palace accounts, tribes and vassal affairs, and the South is in charge of Han State, counties, tenancy and charger affairs. It is suitable for customs. " "The Liao country is bordered by North Korea in the east and enemies of the six generations of Liang, Tang, Jin, Han, Zhou and Song in the south. It is adjacent to the north and its technology is not good. There are more than a dozen big countries; Western Xixia, Tangut, Tubo, Uighur, etc. , are all powerful countries. Living in the area of World War IV, the tiger is in the middle, and dare not fight with it. The system has its own skills. Looking at the official of the border defense, the ambition of Taizong Taizong can be seen. " The most direct manifestation of this dual-track official system is that a large number of Han intellectuals participated in military affairs, which played an important role in expanding the territory of the army, suppressing the uprising and governing the local areas. For example, Han Derang of the Holy Zongchao made great achievements in countering the attack of the Northern Song Dynasty, and reached its peak by "being careful all his life, governing the country well, worshiping the prime minister, entering Wang Qi, and gathering two generals' offices". At the same time, the implementation of this system also weakened the resistance of the general public, making the lower-class Han people who moved to Qidan Liaodi "no longer homesick".
In the process of implementing the official system in the north and the south, this system is constantly changing, in which the official system in the north gradually develops to the official system in the south, and the two converge, which is the trend of sinicization. Guan Baizhi, History of Liao Dynasty: "Officials in the Liao Dynasty, officials in the Secret Affairs Department of North Shu, officials in the Secret Affairs Department of South Shu, officials in the Second Department of North South, officials in the Secret Affairs Department, officials in the Ministry of Public Affairs at the time of Xuanhui, officials in both the enemy and ourselves, and the prime ministers in the north and the south are abbreviated. If you sneak to rule the clan, Lin Ya will tell you that Yu Yue will sit down and talk as a public teacher. Above the imperial court, things are simple, and this Liao is so prosperous. " From here, we can see its sinicization trend. Khitan and other Han people can serve each other in the North-South official system, which shows that ethnic integration and exchanges have gradually deepened, and * * * is in charge of the internal affairs and diplomacy of the Liao Dynasty.
Second, the historical origin of the North-South official system and China's ethnic legislation and management.
As an important part of the political and legal system in Liao Dynasty, the official system in North and South had an important influence on the national legislation and policies at that time and later. In fact, not only the Liao Dynasty, but also as early as the Wei, Jin, Southern and Northern Dynasties, when ethnic groups merged, the rulers were constantly exploring and practicing the means of ethnic management. During the Wei and Jin Dynasties, all ethnic groups who entered the Central Plains were sinicized in culture and social economy. Although the degree is different, they all show the trend of national integration. In the strategy of national rule, countries implement the policy of "divide and rule Hu and Han". From a period of historical data at that time, we can see the current situation of state rule at that time:
"Yuan Shihong wanted to avoid the south of the Yangtze River because of the chaos of Fu, and was acquired. Although this picture is unsuccessful, it is indeed a poem of self-injury, and it is out of date, and it is also a fear of sin. (son) Zhu Hao, assistant minister Gao Yun of Zhongshu received a letter from Jia Hao. I have read this poem before. I am allowed to know what this means, and I am allowed to record it in Ji Yun. "
"Left, right, each brought two hundred thousand, ten thousand to build a civil history, each civil history 43. Take the left and right assistants as an example. Each leader has 600,000 soldiers and 10,000 soldiers have a captain. "
At the beginning of the Jin dynasty's occupation of the north, the north-south official system was also implemented. After Emperor Taizong ascended the throne, he gradually changed the original north-south official system. The territory ruled by the Yuan Dynasty was broader and the ethnic composition was more complicated. The rulers adopted the strategy of divide and rule and implemented a strict national hierarchy. In the political and legal system, especially the judicial system, we should establish different management institutions and systems for Mongolians, Semu people and Han people, and use the gap between the North and the South and the confrontation between Song and Jin to create divisions and control them; In the Qing Dynasty, the principle of "Manchu-Han border" was implemented. On the one hand, it absorbed Han culture, on the other hand, it strictly guarded against other nationalities, especially the Han nationality's "debate between China and foreign countries" and other national sentiments. At the same time, effective legal rule should be exercised over ethnic minority areas, and different management institutions and different legal and political systems should be established in ethnic minority areas. For example, Mongolia and Fan Liyuan ruled in Mongolia and Tibet, and returned to Xinjiang and Qinghai, which was the highest level of ethnic legislation in ancient China, making the Qing Dynasty the most successful dynasty in ethnic legislation and ethnic management in the feudal history of China.
Judging from the national policies and legislation of these dynasties, the rulers all had different policies and means. Before Liao Dynasty, Wei, Jin, Southern and Northern Dynasties mainly carried out the policy of dividing Hu and Han, with poor results. It should be said that ethnic integration existed in that period, but ethnic contradictions were also sharp and threatened the ruling regime. Hu-Han partition did not completely disappear, until the Qing Dynasty, there were still its remains. On the basis of inheriting the experience and lessons of the previous dynasty, the dynasties after Liao Dynasty were more mature in national management and legislation, and the Yuan Dynasty should be an exception. As an important part of the political and legal system in Liao Dynasty, the North-South official system is only one of them, but we can see the shadow of the North-South official system from the national legislation and national management system after Liao Dynasty, which actually has the historical role of connecting the preceding with the following, thus showing the influence of this system in national legislation and national management.
What is national legislation? Simply put, ethnic legislation refers to national legislation on ethnic issues. In modern times, citizens of all nationalities, as ordinary citizens of the country, enjoy the same civil rights and obligations. As a member of a specific ethnic group, he or she can enjoy the rights and obligations of citizens of a specific ethnic group as stipulated by law. In addition, the nation as a group, the law may also give certain rights and obligations to a specific ethnic group as a whole. Moreover, a country may also establish institutions, organizations and administrative regions with certain legal status (such as ethnic autonomous areas in China) with ethnic factors as an important feature, and then stipulate the rights and obligations of such institutions, organizations or administrative regions. In China, from the Constitution as the fundamental law of the country, to the law on regional ethnic autonomy, to the rules, regulations and ordinances formulated by the State Council and provinces, autonomous regions and municipalities directly under the Central Government, the autonomous regulations and separate regulations formulated by ethnic autonomous areas for their own regions constitute the national legislative system of China. This system was formulated in the early days of the founding of the People's Republic of China. After decades of efforts, China's ethnic legislation system has today's scale. It has guaranteed the equal rights and legitimate rights and interests of ethnic minorities and promoted the rapid development of economy and various social undertakings in ethnic minority areas. It plays an important role in enhancing national unity, consolidating and developing new socialist ethnic relations of equality, unity and mutual assistance, safeguarding national unity and consolidating border defense.
As a means for feudal rulers to control the people, it is not the same as the institutional guarantee for socialist countries to achieve national equality and national prosperity. However, a series of ethnic policies and legal systems in China are closely related to history. In the history of China, ethnic minority regimes have been active on the historical stage, especially in the middle and late feudal society. From the frequent ethnic integration and exchanges in the Wei, Jin, Southern and Northern Dynasties, the sudden emergence of the five lakes and sixteen countries, to the unprecedented unification of "one family under the world" in the Sui and Tang Dynasties, there is no doubt that ethnic minorities have played an increasingly important role in history and gradually attracted the attention of rulers. "It is not easy to cultivate its customs and politics." The different strategies adopted by the ruling class in ancient China in dealing with ethnic issues provided an effective reference for China to ensure national unity and safeguard national unity in the process of socialist construction, among which the official system in the Liao Dynasty was an outstanding representative. No matter whether the Han nationality is in power or the minority nationalities are in power, they should make great efforts in ethnic policies and legislation: the rulers of Liao Dynasty established the political and legal system of officials in the north and south, which laid a good foundation for their rule; Although the Yuan Dynasty, which achieved great unification, was also learning from the Han people, it openly pursued the policy of ethnic discrimination and division, and eventually died short-lived and was drowned in the surging peasant uprising.
Taking China's national legislation as an example, theoretically speaking, a national legislative system is separated from the whole national legislative system. Therefore, the national legislative system is actually an organic part of the national legislative system and a subsystem of the national legislative system. This arrangement is determined by the basic national conditions and system that China is a unified multi-ethnic country and implements a unitary political system. Accordingly, according to the provisions of the Constitution and the Law on Regional Ethnic Autonomy, regional ethnic autonomy should be practiced in areas where ethnic minorities live in compact communities. The system of regional ethnic autonomy is a basic political system in China. According to the Constitution and the Law on Regional National Autonomy, China has established 5 autonomous regions, 30 autonomous prefectures and 1 19 autonomous counties (flags). In line with this situation, China's ethnic legislation system actually contains a subsystem, namely, the legislative system of regional ethnic autonomy. It should be said that the system is tight and interlocking.
The North-South official system is a product of ancient times, which cannot be compared with the mature system today, but everything develops from small to large and from weak to strong. The ethnic management and legal system implemented in China today are also gradually explored on the basis of a large number of excellent ancient ethnic management experiences and achievements, such as the official system in the north and south. On the other hand, in today's world, ethnic issues have become one of the main worries threatening world peace and development: the Palestinian-Israeli conflict, the Korean Peninsula crisis, the Kosovo issue, the African refugee crisis and so on. There are racial problems at work. How to deal with and solve ethnic problems and safeguard national sovereignty has become a common research topic for all countries in the world today. In this regard, China is undoubtedly a successful example. For example, this year marks the 60th anniversary of the founding of Inner Mongolia Autonomous Region. As the earliest autonomous region established in China, the development of Inner Mongolia witnessed the successful practice of the policy of national equality, national unity and national prosperity. However, the road to national prosperity is not smooth, and there are still some problems, including those in China. Moreover, with the social and economic changes and development, new ethnic problems and ethnic contradictions will continue to emerge. System construction is undoubtedly an important magic weapon to solve this problem. With the implementation of the ethnic system represented by regional ethnic autonomy and the continuous strengthening and improvement of ethnic legislation, the ethnic relations in China will be more harmonious, and the cohesion and centripetal force will be continuously enhanced.
In recent years, it has been suggested that the North-South official system in Liao Dynasty is the historical origin and tentative source of the implementation of one country, two systems in China today. I think there is something wrong with this statement, which goes beyond the main foundation of the north-south official system: the complexity and expansion of ethnic components lead to corresponding changes in the ruling system and strategy. Although there are some similarities between China's North-South official system and one country, two systems, which are strictly stipulated by the state in law, these two systems can't rise to the degree of origin. The reason for this is the following：
First of all, as we all know, the state system is the foundation of a country. To become a country, a country must first establish a system, that is, what kind of national system is implemented. One country, two systems in China is the implementation of two independent social basic systems in one country. These two systems are not only different in politics, but also in economy, life and habits. The North-South official system implemented in Liao Dynasty was not a state system, but a feudal system, which has not changed since the establishment of the North-South official system. North-South official system is mainly considered from the political point of view, just to meet the needs of different ethnic groups in the ruling area. As the reform and attempt of the official system, the official system in North China and South China are two independent systems on the surface. In fact, they are inextricably linked. The official system in North China was dominated by the official system in the early stage, and there was a trend of integration in the later stage, which was far from reaching the independence and height of the basic national and social systems such as socialism and capitalism.
Secondly, the establishment and operation of one country, two systems, as the fundamental system of the country, is clearly stipulated in the Constitution and the Basic Law and has strong stability; The official system of the North and South in Liao Dynasty was a professional system with strong colors, which was implemented by feudal rulers in order to consolidate their rule and appease the opposing feelings of all ethnic groups. In the late Liao Dynasty, the official systems in the north and south have gradually changed: the two official systems have gradually merged and the trend of sinicization has been strengthened. After Liao was replaced by Jin, the official system of North and South gradually withdrew from the historical stage.
Then, one country, two systems was originally a creative idea mainly to solve the problems left over from history, which was successfully put into practice after the return of Hong Kong and Macao. However, the official system in northern and southern Liaoning is mainly considered from the perspective of ethnic issues, which varies from ethnic group to ethnic group in practice. If there are similarities, I think the official system between the North and the South has a certain historical relationship with China's current ethnic policy, ethnic legal system, especially the system of regional ethnic autonomy, and the relationship is even closer. take for example
Of course, the above viewpoints and reasons do not completely deny the view that "the official system in northern and southern Liaoning is the historical origin and imaginative source of implementing one country, two systems in China today". This view shows from the side that the ancient political and legal system in China is extremely rich and enlightening. Whether it is national autonomy or one country, two systems, there is the shadow of the wisdom of the ancients. Therefore, strengthening the research and excavation of historical materials and cultural relics is of great significance to our construction and development today. In recent years, there are more and more archaeological discoveries about the Liao Dynasty, from epitaphs, inscriptions to documents, which provide us with more reference and basis for studying the history of the Liao Dynasty today.
Third, the historical orientation of the north-south official system.
The Liao Dynasty adopted the policy of "ruling by custom" and introduced the system of official posts in the north and south in law and politics, which can be said to be a pioneering work. However, at the beginning of the 20th century, this system caused great controversy and was used by some people with ulterior motives, endangering the national and national security. At that time, China's national strength was weak and it was bullied by foreign powers. Japan, which faces China across the sea, has also stepped up its aggression against China. While using force, in order to legalize its aggressive interests, some Japanese military "imperialists" scholars are eager to find a basis from history and put a legal coat on aggression. When the Japanese invaded northeast China and Inner Mongolia, they focused on the official system in the north and south of Liao Dynasty, calling it "dual system" or "dual system" and trumpeted it. 19 19 Sayuki, the authority of Oriental History, put forward the "dualism" for the first time in the Historical and Geographical Report of Man-Han Banquet. In this article, he explained: "Liao gained sixteen states from Taizong and Sejong, and the number of Han people increased greatly. In addition, a large number of Han people entered Liao from Song Dynasty. In view of the need to actively rule the Han people, the Qidan regime was established. And naturally adopt various systems of China dynasty in administrative organization, and then establish the so-called dual ruling system of the north (for nomadic people) and the south (for farming people) ... "[12]
I think what Japanese scholars say is that they don't understand the connotation of feudal rule at all. First of all, the most striking feature of feudal rule for more than two thousand years is the continuous strengthening of centralization, that is, the continuous strengthening of imperial power. The leaders of the Khitans were established with the help of Han intellectuals, and with the complexity of the ruling territory and ethnic composition, the Khitans who have no ruling experience must rely on the support and cooperation of all ethnic groups. The implementation of the North-South official system is also an objective requirement to adapt to this environment, but this does not mean that Han people can be autonomous. The Khitans conquered the world by force. How can they allow others to sleep soundly at their own bedside? Moreover, feudal rule was constantly strengthened at that time until the peak of the Qing Dynasty. "Dualism" is a political system that only began to emerge and develop in the west in modern times and matured in modern times. The Liao dynasty, which was nearly 600 years earlier than the Qing dynasty, had to implement a "dual track system" that was not thorough until modern times, which made people laugh and give generously. Secondly, feudal rulers would never willingly hand over power to others, otherwise, a series of historical events, such as the Japanese armed revolution that overthrew the shogunate, the Revolution of 1911 in China, the glorious revolution in Britain and the French Revolution, would not have happened.
Japanese scholars such as Sasuke Ichi, Masahiro Teru Shimada, and Yanji Inaba vigorously advocate the "dual system" for nothing more than serving Japan's war of aggression, especially creating historical basis and weaving rationality for Japan's occupation of Manchuria. If their "dual system" was established, then the Manchu Dynasty (once a part of the territory ruled by Liao) was not a part of China, but was conquered by foreign countries, so it was not opposed to the Japanese occupation of this area, and the China government, that is, the Qing government at that time, had no right to interfere. This is quite different from our country's view that all ethnic groups in Qidan are always regarded as a member of the Chinese nation and Manchuria is always an inalienable territory of China, which is extremely wrong.
But history will eventually be true. 1945 When Japan was defeated, the remarks of these "imperial people" scholars also disappeared. As a Japanese scholar said after the war: "The study of the history and society of ancient and medieval Northeast Asia was as popular as Japanese family studies until the Pacific War. At first, the historical research centered on Manchuria and the Korean Peninsula was mainly based on Japan's political and economic rule in the region. Due to the failure of the war, the foundation has been uprooted and the superstructure built on this basis has disappeared. " [ 13]
In recent years, Japanese right-wing ideological trend has intensified, especially on historical issues. The history textbook incident, denying history, beautifying aggression and so on are all their "masterpieces". When we study and study the politics and laws in China's history, we should also be wary of some foreign people who have ulterior motives and use old historical cases to create troubles. It is the goal of historians and legal historians to face history squarely and restore its true colors. We should look at history from a legal point of view and argue with it, and we are willing to encourage you.
Four. conclusion
Since the slave society, "the official Fang family has mastered the map of the world to distinguish its people, capital, contempt, eight barbarians, seven Fujian, nine raccoons, five Rong and six Di", [14] the ruling nation hopes to "teach the whole world" [15]. In fact, in the national history of China, there has always been a main line: Sinicization. Whether the rulers like it or not, this trend is inevitable. For example, the implementation of the north-south official system has objectively promoted the development of this trend. Although at the beginning, "the people of five parties were not fluent in their mouths and had different appetites" [16], through long-term "doing what they want and saying what they do", we explored a national management system that was more in line with the social environment at that time and was protected by law. These can be said to be the experience of ethnic legislation and ethnic management in ancient China, and there are still many related experiences that we need to explore.
As a political and legal system, the official system in northern and southern Liaoning certainly played an important role. But the purpose is not simply to recall history. The most important thing is to bring us more thoughts about today through the pioneering work of the ancients. Reading history makes people wise, and the significance it carries goes without saying. On the other hand, today, due to historical reasons, foreign countries, especially Japanese, have made a breakthrough in the study of Liao Dynasty, which shows that we should strengthen the study of our own history, especially the study of China's ancient ethnic management and ethnic legal system. The ancients accumulated a lot of experience in this respect, which is a precious wealth left by our ancestors.