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The Yuan Dynasty was the first dynasty established by the ethnic minorities in Chinese history，The legal system has inherited the legal tradition of Chinese past，Due to time -consuming，Innovative。70 years since the founding of the People's Republic of China，Research on legal history of the Yuan Dynasty obtained fruitful results，Published the monographs of "Chinese Legal System, History of Legal System · Yuan Dai Vol."。Where，Organization of legal text、Legislative System、The results of judicial trial and punishment system are particularly prominent。

　Organize legal text

Research Legal History，Must based on legal literature。There are still a lot of legal books in the Yuan Dynasty.。"Yuan Dian Chapter" is huge because of the roll、Rich in content，It has attracted the attention of the academic circles very early。For a long time，The only "sinking book" that can be used in the academic community can only be used，Although the Republic of China has been found in the Forbidden City during the Republic of China，And in 1931, Chen Yuan's "Yuan Dianzhang School Supplement" and "Example"，But it is still not enough to replace the Yuan carved book。1972，Taipei "Forbidden City Museum" will be published in the photocopy of Yuankee，The academic world must see the whole picture of Yuan Keben。Since then，The academic community begins to conduct "Yuan Dianzhang" on the basis of the Yuanjian book。2011，Chinese Book Bureau、Tianjin Ancient Books Publishing House published the school book of "Yuan Dianzhang" hosted by Chen Gaohua。2016，Taipei also published Hongjinfu School Booking。Published on the two books，greatly facilitated the use of the academic community to use the "Yuan Dianzhang"。

"The Strike" refers to the bargain of the "Da bet365 best casino games Yuan System" of the official law of the official law of the Yuan Dynasty，During the Republic of China, a copy of the manuscript was found，Later in 1930 by the National Peiping Library, published。1986，Zhejiang Ancient Books Publishing House published Huang Shijian's school book。Based on this，Law Publishing House in 2000 also published Guo Chengwei's schoolbook。Fang Linggui, "Systems", published by the Chinese Book Company in 2001，is the best sorting book to date，The book contains a lot of annotations，or attract related literature，or explanation related noun，Very easy to refer to and use。

"Zhizhi Fang" is another legal compilation promulgated in the later period of the Yuan Dynasty。This book has been compiled from the "Yongle Ceremony" from the "Siku Quanshu".，But included in the vision。For a long time，The academic community has always thought that this book has been lost。early 21st century，This book is discovered in Qingzhou, South Korea，Causes a sensation。2007，The official publishing of the "Zhizhi Fang" in the Korean Academy of Sciences and the booking book。"Zhizhi Bar" retracement，filled the blank of legal history in the middle and late stages of the Yuan Dynasty。Fast response in the domestic academic community，In the second year, Zhang Fan published Zhang Fan's "Commenting to the Korean Academy of Sciences" to the Zhengzheng "school note" ("Literary History" 2008, No. 1)、Chen Gaohua's "Big Terront · Dog" ("Research on Chinese History", 2008, No. 2) and other papers，2010 Nanjing University specially held an academic seminar for this purpose。In recent years，The popularity of the academic community about "Zhizhi" still does not decrease，Published Song Guohua's "Research on the Change of the Legal System in the Yuan Dynasty: Comparison of" Comparison of "Institutional Bar" and "Zhizheng Bar" (2017 Edition of Intellectual Property Publishing House) and so on。

　　Legislative system research continues to deepen

Before 1949，There are fewer research in the history of legislation in the Yuan Dynasty，Only bet365 live casino games Weng Dujian's "Code Code of the Mongolian and Yuan Dynasties" ("Yanjing Social Sciences", No. 1, 1948) and other introductory articles。Since the establishment of the People's Republic of China，Especially after the 1980s，Discussion on the legislative system of the Yuan Dynasty began to deepen。

The legal system of the Yuan Dynasty is relatively complicated，I have experienced a process from supporting gold law to independent development。Yao Dali "On the Formation of the Criminal Law System of the Yuan Dynasty" ("Yuan Shi Lun Cong" 3rd Series，Zhonghua Book Company 1986 edition) Explained，The establishment of the Criminal Law System of the Yuan Dynasty can be roughly divided into three stages: before 1260、1260-1271、1271-1302。Disorders in the first stage，But based on the influence of the golden generation legal system，Judicial practice has gradually produced the potential trend of uniformly unified the Central Plains Chinese Criminal Law。The second stage basically uses the gold "Taihe Law" to convict，But folded when sentencing，Breaking examples accumulated on this basis，Gradually form a prototype of a new criminal law system attached to the "Thai and Law"，At the same time, it prepared the foundation for the independence of "Taihe Law"。In the third stage, the "Taihe Law" was banned in 1271 in the Yuan Dynasty as the starting point，By 1302 "Study Thieves" announced，The independent Yuan Dynasty's criminal law system was finally established。

"Big Yuan System" has lost because of the "disconnection" part，Once attracted the attention of some scholars。Huang Shijian's "Da Yuan System" Test "(" Chinese Social Science "1987, No. 2)，"Big Yuan System" is a complete and systematic code in the history of Chinese law，The "disconnection" in which is the law，and 12 articles such as "disconnection" divided into 12 articles，It is the "Tang Law" as a paradigm。Fang Linggui's "New Exploration of the" Institution "(" History Research "1993, No. 3) also has similar views。but but，The above views are questioned by some scholars。Yin Xiaohu's bet365 live casino games "On the" Great Yuan "" Break Example "and its influence — also discussed with Mr. Huang Shijian" ("Journal of East China School of Political Science and Law" 1999, Issue 1) believes，The "Break" of "Da Yuan" is concerned and content for its nature and content，is absorbing、Based on the basis of traditional legislative experience and achievements，Putting the typical significance cases and cases of the long -term judicial practice, and，Compared with the method of the old law，From the perspective of legal form and content，It is a combination of the science method and the jurisprudence。Liu Xiao's "Da Yuan System" Test Test "(" Research on Legal History "Volume 3，Legal Press 2001 Edition) The two scattered "Big Yuan System" "Break Examples"，Evil Yin Xiaohu's point of view with examples。In recent years，With the discovery of the "Break Example" residual scroll with "Right"，The above disputes should be said to have been settled。The characteristics and nature of the compilation of the "Great Yuan System" and "Zhizhi"，Liu Xiao's "" Da Yuan System "to" Zhizheng Bar ": On the Code compilation system of the Yuan Dynasty (" Literature History and Philosophy "2012)，The two are officially promulgated by the Yuan Dynasty，All under the framework of the traditional law code，Re -integrated the examples promulgated in the years with the classification of "disconnection" and "bar"。

There are many types of legal forms in the Yuan Dynasty，It is necessary to summarize it for it。Wu Haihang discussed the painting and disconnection of the strips ("" Instance of the Yuan Dynasty "，Intellectual Property Publishing House 2009 edition)。Hu Xingdong inspected the "Example" and "Ling" of the Yuan Dynasty ("Yuan Diamond Examination — Centers with the Yuan Dianzhang"，Journal of Inner Mongolia Normal University, 2010, No. 5, 2010; "Yuan Dynasty Order Exam"，"Journal of Inner Mongolia Normal University" 2016 No. 4)。Research on the legal form of the Yuan Dynasty above is remarkable，Although there are still necessary Bet365 lotto review discussion for further discussion，But it undoubtedly promoted the deepening of related research。other，"Big Yuan System" and "Zhizhi Fang" include a large amount of jurisprudence，It is the most distinctive feature of the legislative system of the Yuan Dynasty。The jurisprudence of the Yuan Dynasty was mostly created by the provincial ministries in the judicial trial，After the "section of the traffic", it is awarded to the country。Hu Xingdong's "Research on the Operation Mechanism of Ancient Chinese Jurisprudence Law: Compare the Yuan Dynasty and the Qing Dynasty" (Peking University Press 2010) is a more important work in this area，It is conducive to correcting the misunderstanding of the unknown law of ancient China。

　　Research on the judicial system is increasingly deepened

There are many unique things in the judicial system of the Yuan Dynasty，If you do not set up Dali Temple，The important position of the Ministry of Criminal Ministry highlights，The intervention of judicial trials in the Grand Maska Prefecture，Each of the "dating system" is generally implemented in the "dating system" in judicial trials。Comprehensive thesis on judicial trials in the Yuan Dynasty has a lot of comprehensive thesis currently.，Among them, it is particularly worth mentioning that Chen Gaohua's "Judgment Agency and Judgment Procedure of the Yuan Dynasty" ("Oriental Journal" Kyoto 66，1994)，I have raised many questions that predecessors have never noticed，Such as "Five Mansion Officials"、Questions in the province, etc.，It is believed that the trial procedures of the Yuan Dynasty are basically the same as the previous generation，But some specific links have changed。Although the regulations on the trial procedures of the Yuan Dynasty are very strict，But it has not been strictly executed，There are many serious disadvantages，There are many cases such as injustice and false and wrong，Various cases have been delayed for a long time。The main reason for these disadvantages is that the quality of Bet365 app download the official is too poor、Legislative work is extremely chaotic，The trial work at all levels at all levels of the Yuan Dynasty was greatly disturbed，Available social contradictions。Yuan Dynasty Prison System，It is also very characteristic。For example，Local prisons at all levels at the supervision department，instead of local administrative institutions。Studies in this area are mainly Liu Xiao's "Research on the Prison System of the Yuan Dynasty" ("Yuan Shi Lun Cong" series 7，Jiangxi Education Press, 1999 edition), etc.。

The penalty system of the Yuan Dynasty inherited the traditional five -sentence system，But there are many innovations。Among them, torture and related punishments -migration、Studies on the army are the most concentrated，Main researchers are Feng Xiuqing、Chen Gaohua and Wu Yanhong ("The Exile of the Yuan Dynasty"，Journal of Inner Mongolia University, 1991, No. 4; "The Flowing and Migration Law of the Yuan Dynasty"，"Congratulations to Professor Yang Zhiyu's 80th birthday China History Collection，Tianjin Ancient Books Press 1994 edition;，"Research on Chinese History" 1999, No. 3)。Yao Dali、Guo Xiaohang's "Jintai and the Council of the Bound Prison on the Criminal Political Political Political Polibility" ("Journal of Fudan" 1999, No. 4)，I believe that the stick in the Jin Dynasty is an additional punishment as a imprisonment，Not as a replacement sentence，Yuan Chu Jun Jun Ji Tanzhong's "Several Year of the Acts，Several sticks "are not a half -folding stick for the imprisonment，The relationship between the main sentence and the additional punishment。When the previous scholars discussed the penalty system of the Yuan Dynasty，Emphasize its cruelty。Zhao Wendan's "Differential Criminal Law of the Yuan Dynasty" ("Research on Chinese History" 1999, No. 2)、Song、The legal provisions of the Three Dynasties of the Yuan Dynasty，It is believed that whether it is legal torture，Still abroad torture，This view is not actual。

The research results of the legal history of the Yuan Dynasty，A lot of progress has been made，But there are many regrets。First，As a cross -disciplinary bet365 Play online games discipline，Dialogue between the historic community and the legal community is still very small，Many signs of repeating and even regressoring。Second，The law of the Yuan Dynasty as an important part of the history of Chinese legal development，Lack of research works。So，Comparison of comparative comparative research on the law of the Yuan Dynasty，Not only necessary，And there is a lot of may。

　(The author is a professor at the School of History of Nankai University、Vice President of the China Yuan History Research Association)