克里米亚可汗外交信函中对公民利益的保障(以给俄罗斯和波兰立陶宛君主的yarlight为基础)

R. Pochekaev
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引用次数: 0

摘要

本文分析了公元16 - 18世纪克里米亚汗国外交政策行为中对公民利益的法律保障,研究的来源基础包括吉拉伊王朝的汗送给莫斯科国和波兰立陶宛王国统治者的衙门。作者关注了这些州之间贸易保护的相关法规以及对商人及其财产的法律保障。这些保障措施包括自由贸易的一般规则,即支付最低限度的税收和关税,以及贸易商在其利益受到侵犯和其金钱、财产等受到侵犯时诉诸法律的权利。汗们发誓要通过归还非法的税收和义务来恢复他们的权利,并将违法者绳之以法,尽管有高级官员。有时,yarlights中的规定涉及可汗的个人私人利益,有时还涉及对死者财产的决定。在这方面的一些规定是由吉拉斯从金帐汗国的可汗那里继承的,但我们可以假设,这些规定的实质性部分可以从俄罗斯和波兰立陶宛君主的相互行为中采用。与此同时,我们不应该认为这些保障措施是由保护克里米亚商人的利益决定的:在大多数情况下,他们照顾可汗的国库,而且不止一种这样的保障措施是在与莫斯科或克拉科夫的关系中实现外交和政治目标的工具。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Safeguards for civil interests in the diplomatic correspondence of Crimean khans (on the base of yarlighs given to monarchs of Russia and Polish-Lithuanian states)
The article is an analysis of legal safeguards for civil interests in the foreign policy acts of the Crimean Khanate of 16th–18th cc. The source base for research includes yarlighs sent by khans from Giray dynasty to rulers of Moscow State and Kingdom of Poland-Lithuania. Author paid attention to regulations related to protection of trade between these states and legal safeguards for merchants and their property. Such safeguards includes as general rules of free trade with payment minimal taxes and duties as well as rights of traders to go to law in case of breach of their interests and encroachments on their money, property, etc. Khans pledged themselves to restore their rights by return of unlawful taxes and duties and to call offenders to account although there were high officials. Sometimes regulations in yarlighs concerned personal private interests of khans and sometimes there were decisions on the property of died persons. Some regulations in this field were inherited by Girays from khans of the Golden Horde, but we could suppose that substantial part of such rules could be adopted from reciprocal acts of Russian and Polish-Lithuanian monarchs. At the same time we should not consider that such safeguards were determined by protection of interests of Crimean merchants: in most cases there was care of khans’ treasury and more than one such safeguards were instruments to reach diplomatic and political goals in the relations with Moscow or Krakow.
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