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| Reasoning， Mediation and Simplified Governance——On the Marriage Justice in the Shaanxi-Gansu-Ningxia Border Area |
| Hu Yongheng |
| (Institute of Modern History， Chinese Academy of Social Sciences， Beijing 100732) |
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Abstract The legal system in the Shaanxi-Gansu-Ningxia border area occupies an important position in the history of legal system in modern China. Different from the practice of “judgment according to the law” adopted by the Nanjing National Government that imitated the Western rule of law， this border area consciously explored a judicial path that was more in line with China's national conditions. The marriage justice in the border area is an example. Because the principle of freedom of marriage prescribed by law was too advanced than that of the rural society， it had caused many unexpected problems in practice. While improving the legislation， the border area also actively sought alternative ways of judiciary. “Using reason to judge cases” as well as the promotion of a relatively flexible and legal mediation mode was the product of judicial flexibility in the border area. The simplified governance model was in line with the trend of streamlining the government at that time， and maintained the stability of the social order in the border area with limited judicial resources. It not only reflected the inheritance and transcendence of the ancient judicial tradition of China in the border area， but also showed the reflection and improvement of the judicial model of the Nanjing National Government. It was a valuable attempt by the Communist Party of China to explore a new legal system.
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Received: 31 May 2023
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2023, Vol. 62 
