"History of Ming Dynasty · Criminal Law"，In the first year of Ming Taizu Hongwu (1368) Zhu Yuanzhang was in the beginning of the beginning，Well, Confucianism, talk about "Tang Law"，Interested in "Tang Law" as a Gui，Establish a new law system in the Ming Dynasty。Thirty years of Hongwu，"The Law of the Da Ming" final finalization。"The Law of Da Ming" changed the classification of the twelve articles of "Tang Law"，Turn to official、Home、Li、Bing、Sentence、Six systems of workers，This shift is affected by the Yuan Dianzhang。This legal evolution mode in the early Ming Dynasty，Not only reflects the development law of the Chinese Law Department，It is also a different culture of Yuanming、Different political forces、Results of inheritance and mutual learning between different groups，Deeply affects the evolution of legal evolution of the two generations of the Ming and Qing Dynasties。

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When Genghis Khan established Mongolia，Cao Caochuang，Only Ten Thousand Talent Unified Army、Governing the criminal administration with the disconnection official，Official system simplicity。According to the Persian historians of the Persian historian, Ferne (1226-1282)，Genghis Khan "according to your own ideas，He formulates a decree for each occasion "(Zhisofini、He Gaoji Translation: "History of World Conquest"，Business Press 2004 edition，p. 26)。These are generally referred to as laws of Zhifani Ferne、Law or punishment provisions，It is called "Genghis Khan Code" or "Daza" by later Mongolian historians of Mongolia。

Whether the legendary code really exists，It has aroused fierce debate among later scholars。Swedish scholar Duo Sang is convinced that he once existed，He wrote in the "History of Mongolia" in the early 19th century: "Genghis Khan has ordered his law to teach his law to write Mongolian，Rumor Mongolian Mongolian Youth。The name of this regulation is called "Great Act"，Stardo by its descendants。"" (Duo Sang、Translated by Feng Chengjun: "History of Duo Sang Mongolia" above，Shanghai Ancient Books Publishing House 2014 edition，pp. 186) Duo Sang's point of view Bet365 lotto review has gained French scholar Grunel、American scholar Vernadsky、Russian scholar Liang Zannovsky and Chinese scholar Han Rulin、support of Weng Dajian and others。Compared with it，Another well -known Soviet Mongolian historian Bellejin believes that "" Zhaza "never wrote a document，The conversation of people from light，Mistakes of folk passwords as text codes "(Bellezin:" Genghis Khan's "Zhaza"，"Reference Data from Mongolia Studies" series 18)。Later，This is said to be a response from British scholar David Morgan。

Analysis of the evolution of law，As one of the oldest specifications of human beings，The formation of law generally goes through clan habits、The process of breeding and maturity of the practice to the formulation method，The Mongolian nation does not want to speak。The inherent attributes of the Fa lies in the guarantee implementation，Therefore, in ancient my country, there were also "big punishment" and "punishment began in soldiers"。From the perspective of the development history and internal attributes of the law，Genghis Khan makes the children and grandchildren from being able to change、Military Order、National habits and religious taboos, etc.，All can be regarded as "law"。Method in different cultural backgrounds，Not only different development periods，and it is difficult to draw a way to present it。Even so，This does not affect the existence of social norms that the Mongolian nation must comply with before entering the Central Plains。Just，This specification was in the habitual method of fashion at the time。

　Change of the legal system and its debate in the Yuan Dynasty

Early establishment of the Yuan Dynasty，Legal system 阙，Central Plains Han Land once used the death of "Taihe Law" to break the case。to the eighth year of the yuan (1271)，On the same day of the founding of the founding country，Yuan Shizu Kublai Kubili ordered "Taihe Law"。to 28th year of Yuan，The Yuan Dynasty promulgated its first official codes, "Xincang of the Yuan Dynasty"。But，This method "Although Honggang Dafa，No thousands of words "(Su Tianjue:" Zhiyuan New Election Preface "，Li Shisheng: "Quan Yuan Wen" No. 40，Phoenix Publishing House 2005 edition，p. 73)，Excessive shortcomings。For this，Three years to Zhizhi (1323)，Yuan Yingzong ordered Chong Chen to read the "Renzong Time Compilation Collection Example" ("Bet365 lotto review Yuan Shi" Volume 28 "Yingzong II"，Zhonghua Book Company 1976 edition，p. 628)，Jixong，Awards "Da Yuan System"。More than 20 years later，Supervisory Royal Shi Su Tianjue also went to "Beggar Renewal and Flood" sparse，Request to increase or decrease the "Great Yuan System"、Repair，Six years of Zhizheng (1346)，Emperor Yuan Shun "to the positive tape to the world" (Yuan History "Volume 41" Shun Emperor 4 "，pp. 874)，is the last official repairs of the Yuan Dynasty。

for a long time，People expressed doubt about the orthodox nature of several official codes in the Yuan Dynasty。Zhu Yuanzhang has a wide spread、Views that have a huge impact，"Yuan's entered China with Rongdi，Most of the method of use，Dianzhang is wide，Nothing up and down "(" Ming Taizu Record "Volume 176，pp. 2665)，Congzhong、Taoist Tong Tong has a criticism of the Yuan Law。One，politics is the lawben，The Northern Expedition in the Northern Expedition drafted by the early Ming Dynasty 人，At the beginning, I questioned the orthodox nature of the Yuan Dynasty。Beginning of the dynasty，New laws awarded，Politics and legitimacy naturally affects the orthodox nature of the codes，The first reason for becoming the Difficulty of the Ming Dynasty。Its two，From the Han Dynasty，Central Plains Hanfa started the process of Confucianism。Wei, Jin Sui and Tang Dynasties，Can't you implement the "where the ceremony is going，Petraction of punishment，If you are rushing, you will be sentenced to punishment，Phase is the inside "(" Hou Han Book "Volume 46" Chen Chong Biography "，Zhonghua Book Company 1965 edition，page 1554) The spirit of the ritual and law is the purpose。Yuan Law is another scene，The implementation of the "depending on the customs" in the Yuan Dynasty，Neither respects a certain belief，No prejudice to various religions，So Ritual Law、The theme of Taoism is not the only guidance spirit of the Yuan Dynasty legislation，This has also become the second reason for the scholar of Central Plains to question Yuan Law。

More，From the perspective of legislative technology，The formulation procedures for the formulation of the Yuan Dynasty and the Tang and Song dynasties also have significant differences。The tradition of "adapting" and "accompanying legislation" in the northern grassland democratic system in the northern grassland in our country has affected Bet365 lotto review the legal concept of the Yuan Dynasty，It is a very different way of expressing the law of the Yuan Dynasty and the traditional Central Plains Law of the Yuan Dynasty.。Mongolian Old System，Genghis Khan established a big deal when he loses Gee Ji · Suddenly Bald and Suddenly punished the national thieves、Trial of the word litigation，"Fan Losty · Bald Suddenly and I discussed with me，Written a blue character on white paper，caused the specifications of the booklet，Never change! "(Zachi Sinqin:" New Mongolian Secret History Translation and Note "Verse 203，Taipei Lianjing Press 1979 edition，page 305) Genghis Khan system、The precedent of the disconnection officer's offspring has a constrained effect on the subsequent daily judicial trials，The tradition of "discussion and system" in the Yuan Dynasty law culture was formed。Yuan Shizu after the throne，Although the old system is due to the "ancestral transformation", it is due to the leather gains and losses，But the Law of the Holy Tail、The power pattern of Zhongshu is still not changed along the alongs。The last two official codes promulgated in the middle and late stages of the Yuan Dynasty，Although the name name of the Tang and Song dwelling orders was borrowed on the arrangement framework，But the legal provision of the right -style legal provision，The law or essays generated by a certain legislative program with the Tang and Song dynasties，The heterogeneity of the two is obvious，Yuan Chu Shi Hu Yizhen summarized this as the "Faith of the Fa in the Yuan Dynasty，It was originally in the south that cannot be from North，Northern cannot from the south "(Hu Yizheng:" On the Law of the Governance "，Li Shisheng: "Quan Yuan Wen" Volume 5，Phoenix Publishing House 2005 edition，pp. 527)，It is pole to say。

　　The implementation method of legal culture integration in the Yuan Dynasty

Different，does not mean that the difference will absolute。Mongolian and Yuan Empire's early legal culture has low development level，The descendants of Genghis Khan were after their respective state in the Asia and Europe，The sweat countries of various branches have appeared in cultural localization。In China，Many monarchs of the Yuan Dynasty have accepted the infiltration of Confucian culture before ascending the throne，Renzong、Yingzong's father and son once appeared "governing the country with Confucianism" Bet365 app download during his reign。In the official codes of the Yuan Dynasty，Although Kublai Khan is banned from political considerations, "Thailand" with "Tang Law" as a model，But it is not opposed to using the former "Old Example" of the former dynasty reviewed or performed in the judicial practice，Therefore, Wu Cheng, the great Confucianism of the Yuan Dynasty, believes that the relationship between the Yuan Dynasty and the traditional law of the Central Plains is "Dark use but it is not used，Nameless but not abandoned "(Wu Cheng: The" Future Outline of the Regulations of the Great Yuan "，Huang Shijian: "Collection of Legal Information in the Yuan Dynasty"，Zhejiang Ancient Books Publishing House 1988 edition，p. 83)。As an important code system compilation in the first and middle period of the Yuan Dynasty，The arrangement directory of the Yuan Dianzhang is decree、Holy Zheng、Chaogang、Six parts of the prisoner of the Taigang and the officials of the officials。，This six -part method was actually on the reference of the "Da Ming Law" of "Tang Law" as Zong.，Among them, it is also subject to the "Yuan Dian" and the traditional law of the Central Plains、Ling Dianwen is different、Internal factors that have a lot of meaning，It is an example of the success of Yuanming Law.。

Frequent renovation activities in the early Ming Dynasty，The larger scale has three times。Wu Yuannian (1367) of Zhu Yuanzhang's regime，Prime Minister Li Shanchang, etc.，Li Shanchang and others advocated that the laws of the past generations have become large in Tang，So imitate Article 285 of the Law of the Tang Dynasty、Order 145，Establishing the prototype of the Ming Dynasty law order。Hongwu six years，Zhu Yuanzhang also ordered the Ministry of Criminal Ministry of the Criminal Ministry to revise "The Law of Da Ming"，Laws after this revision，Its "Studies One in Tang"，Name、Guard forbidden、Professional system、Family Wedding、厩、Good at、Thieves and thief、Fighting Litigation、Fraud、Miscellaneous、Capture、Broken Prison and other twelve articles。Hongwu 22 years，Zhu Yuanzhang believes that the revised "Daming Law" has not yet implemented the wide and appropriateness、The original original intention of the appropriate weight，Order the Hanlin Academy to practice the law again with the Ministry of the Criminal Ministry。Hongwu thirty years，Ding Ben's "Da Ming Law" was awarded to the world，Become a bet365 Play online games Ming Dynasty Customization。

In form，"The Law of Daming" and Wu of the first year of Hongwu in the thirty years of Hongwu、Hongwu's six -year law comparison，A significant difference is that it has changed the classification of the twelve articles of the Tang Dynasty in the past，Change to name、Official、Home、Li、Bing、Sentence、Seven classification pattern of Gongwang。There are many reasons for this change，But there are two points that need to be paid special attention to。One，Social development is the fundamental force to promote legal evolution。Breeding of ancient laws in my country、Development and maturity has experienced a long years，The promulgation of Tang "Yonghui Law" marks the maturity of the ancient feudal laws of my country。After the dynasties of the Tang Dynasty, the dynasties were formulated in the dynasty，Although the law of the Tang Dynasty is mostly a template，But it will always show some different features in combination with the actual conditions of Dang Dynasty，Ruling in the early Tang Dynasty、The later period focuses on the grid; the Song Dynasty focused on the puppet; the Yuan Dynasty relied on the example;，This so -called law is outside the law、The existence of society determines the existence of the law of society。Its two，Cultural tradition is one of the origin of legal development and progress that is difficult to ignore，This is especially true for our ancient country with a history of more than 5,000 years of civilization。The formation of the legal system is indeed a process that moves relatively closed，But there will always be some multicultural、Legal habits with differences、Concepts and systems are absorbed in，Forms a new legal tradition，and become a local resource for the development of the country's legal system in the future。Two points of understanding above，It is very helpful for clarifying the changes in the form of "Da Ming"，As some scholars say，The changes in the form of the "Da Ming Law" is "the situation of the political system of the central government affiliated by the central government affairs after the reform of Hongwu 13 years of reform，absorbed Tang Liudian、Yuan Dianzhang in the Activity Format of the Code Laying Format of the officials "(Huai Xiaoying:" Da Ming Rujian School "，Legal Press 1999 edition，"Point School Description" page 2)。

Meng Yuan started Mobei，The difference between its legal tradition and Central Plains is obvious，But after the ruling center bet365 live casino games moves south，Drawing on the legal system and content aspects、The trend of fusion of Hanfa is becoming increasingly obvious。Although this fusion has not been completed，But some of these experiences and achievements have gradually integrated into the legal culture tradition of the Central Plains，One of the origin of the compilation of the two generations of the Ming and Qing dynasties。Fusion of multiple legal culture of the Yuan Dynasty，In fact, it is also an objective reflection that people recognize the common political space, that is, the national entity recognition，It has a profound historical impact on the concept of legal ideological concept of building the Chinese nation。

　　(This article is the National Social Science Foundation's major project "Research on the History of the History of the Integration of Northern Nomads and Central Plains" (17zda176)

(The author is a second -level professor at the School of History and Culture of Northwestern Normal University; Ph.D. at the School of History and Culture of Northwest Normal University)