"History bet365 coupon code Ming Dynasty·Criminal Law Chronicles"，The first year of Ming Taizu Hongwu (1368) when Zhu Yuanzhang ascended the throne，Instructing Confucian officials to lecture on "Tang Law" every day，Intention to use "Tang Code" as the standard，Establishing a new legal system bet365 coupon code Ming Dynasty。Thirty years to Hongwu，The final version of "Da Ming Law" is completed。"Da Ming Code" changes the classification bet365 coupon code twelve chapters of "Tang Code"，turning to the official、household、Ceremony、Bing、Penalty、The six-part system of work，This turn was influenced by the "Yuan Dian Zhang"。This legal evolution model in the early Ming Dynasty，It not only reflects the development law bet365 coupon code Chinese legal system itself，It is also a different culture of Yuan and Ming Dynasty、Different political forces、The result of inheritance and mutual learning between different groups，Profoundly influenced the legal evolution bet365 coupon code Ming and Qing dynasties。

"Dazhasa" is still bet365 coupon code stage of customary law

When Genghis Khan established the Mongolian state，Simple creation，Only ten thousand households can unite the army、Use officials to rule criminal affairs，Simple official system。According to the contemporary Persian historian Zhifeni (1226-1282)，Genghis Khan "according to his own ideas，He makes a bet365 coupon code for every occasion” (Zophini)、Translated by He Gaoji: "History of World Conquerors" Volume 1，Commercial Press 2004 Edition，Page 26)。These are loosely called decrees by Zhoffini、Provisions of laws or penalties，Referred to as the "Code of Genghis Khan" or "The Great Zhasa" by later Mongolian historians。

Whether this legendary code really existed，Causing fierce debate among later generations of scholars。Swedish scholar Dosan is convinced that it once existed，He wrote bet365 coupon code "History of Mongolia" written bet365 coupon code early 19th century: "Genghis Khan once ordered his laws and teachings to be written in Mongolian with Uighur characters，Legendary to the Mongolian youth bet365 coupon code country。This kind of regulation is called the "Great Decree"，Preserved by his descendants。”(written by Duosang、Translated by Feng Chengjun: "History of Duosang Mongolia" Volume 1，Shanghai Ancient Books Publishing House 2014 Edition，Page 186) Dosan’s views were supported by the French scholar Grusset、American scholar Vernadsky、Russian scholar Ryazanovsky and Chinese scholar Han Rulin、Support from Weng Dujian and others。As opposed to，Belzin, another well-known Soviet Mongolian historian, believes that "Zhasa" has never been written into a document，Conversations by thoughtless people，Mistaken folklore as written code" (Belezin: "Genghis Khan's "Zhasa""，"Reference Materials for Mongolian Studies" No. 18)。Later，This statement was echoed by British scholar David Morgan。

Analysis from the law of evolution，As one bet365 coupon code oldest norms of mankind，The formation of law generally goes through clan customs、The process of gestation and maturity from customary law to statutory law，The Mongolian nation goes without saying。The inherent attribute bet365 coupon code law lies in the guaranteed implementation of coercive force，Therefore, in ancient my country, there was also a saying that "large punishments use armored soldiers" and "punishment begins with soldiers"。From the perspective bet365 coupon code development history and inherent attributes of law，Genghis Khan’s instructions that his descendants must not change、Military order、National customs and religious taboos, etc.，All can be regarded as "law" in a broad sense。Law in different cultural backgrounds，Not only the development period is different，And its presentation method is difficult to standardize。Even so，This does not affect the fact that the Mongolian nation already had a social norm that all members of society must abide by before entering the Central Plains。Nothing more，This kind of norm was still in the stage of customary law with little adoption。

　Changes in the legal system bet365 coupon code Yuan Dynasty and its controversies

Initial establishment bet365 coupon code Yuan Dynasty，The legal system is lacking，The Han Dynasty in the Central Plains once used the death gold "Law of Taihe" to resolve cases。In the eighth year bet365 coupon code Yuan Dynasty (1271)，On the same day when the founding number was "Dayuan"，Kublai Khan, the founder bet365 coupon code Yuan Dynasty, issued an edict prohibiting the practice bet365 coupon code "Law of Taihe"。The twenty-eighth year bet365 coupon code Yuan Dynasty，The Yuan Dynasty promulgated its first official code "Zhiyuan Xinge"。However，This law is "a grand law"，No more than a thousand words" (Su Tianjue: "Preface to the New Style bet365 coupon code Yuan Dynasty"，Li Xiusheng: "Quan Yuanwen" Volume 40，Phoenix Publishing House 2005 Edition，Page 73)，The defect of oversimplification。In view of this，The third year of Zhizhi (1323)，Yingzong bet365 coupon code Yuan Dynasty once again ordered his important ministers to listen to and read "Renzong's Compilation of Dynasty Patterns" ("Yuanshi" Volume 28 "Yingzong II"，Zhonghua Book Company 1976 edition，Page 628)，Done，Awarded "Dayuan Tongzhi"。More than twenty years later，Su Tianjue, the supervisory censor, also wrote in "Qi Xubian Tongzhi"，Request for additions or deletions to the "Dayuan Tongzhi"、Deleted and edited，The sixth year of Zhizheng (1346)，Emperor Shun bet365 coupon code Yuan Dynasty "awarded the most upright order to the world" (Yuan History Volume 41 "Emperor Shun Four"，Page 874)，The last official code bet365 coupon code Yuan Dynasty。

　　　　，People have expressed doubts about the orthodoxy of several official codes bet365 coupon code Yuan Dynasty。Zhu Yuanzhang has a method that is widely spread、A view with great influence，It is said that "the Yuan family took over China with Rong Di"，Mostly barbarian methods are used，The regulations are vast，There is no equality between superior and inferior" ("Records of Ming Taizu" Volume 176，Page 2665)，From the political system、Taoist parties have criticized Yuan Fa。One，Government is the basis of law，In the Northern Expedition drafted by Song Lian, a scholar in the early Ming Dynasty，The opening chapter questions the legitimacy bet365 coupon code Yuan Dynasty。Dynasty Renewal，New laws must be promulgated，The legitimacy bet365 coupon code political system naturally affects the legitimacy bet365 coupon code legal code，Became the first reason why Ming people criticized the Yuan Dynasty code。Part 2，Since Han Dynasty，The law of Han Dynasty in the Central Plains began the process of Confucianization of law。The Code of Wei, Jin, Sui and Tang Dynasties，Everyone must implement "where the etiquette goes"，The punishment is taken，If you are disrespectful, you will be punished，The outside and the inside are the same as each other" ("The Book bet365 coupon code Later Han Dynasty" Volume 46 "The Biography of Chen Chong"，Zhonghua Book Company 1965 edition，Page 1554) etiquette spirit as the purpose。Yuan Law is another story，The Yuan Dynasty implemented the governance strategy of "each according to customs"，Neither believe in any particular faith，There is no prejudice against various religions，Old Etiquette、The Taoist theme was not the only guiding spirit of legislation in the Yuan Dynasty，This also became the second reason why the Central Plains scholar-officials questioned Yuan Fa。

Furthermore，From a legislative technical perspective，There are also significant differences between the formulation procedures of Yuan Law and Tang and Song Codes。The tradition of "adapting to circumstances" and "legislating as circumstances arise" in the northern grassland democracy in the history of our country had a profound influence on the legal concepts bet365 coupon code Yuan Dynasty，The Yuan Dynasty laws based on national customs and folk sentiments are very different from the traditional Central Plains laws and regulations.。Old Mongolian system，When Genghis Khan founded the country, he ordered the great officials to lose their fortune and punish the thieves all over the country.、Judgement litigation，"Anything that is auspicious, Hu Tu Hu and I will discuss and make a plan，Write in green characters on white paper，And form the specifications bet365 coupon code booklet，Never change！" (Zhachisqin: "New Translation and Annotation bet365 coupon code Secret History of Mongolia" Section 203，Taipei Lianjing Publishing House 1979 edition，Page 305) Genghis Khan’s Imperial Edict、The precedents bet365 coupon code Grand Tribunal’s judgments have a binding effect on subsequent daily judicial trials，Formed the tradition of "discussing matters and controlling matters" in the legal culture bet365 coupon code Yuan Dynasty。After Yuan Shizu ascended the throne，Although the old system suffered losses and losses due to the "changes described by ancestors"，Danlu issued the Holy Judgment、Zhongshu’s power structure remains unchanged。The last two official codes promulgated in the middle and late Yuan Dynasty，Although the arrangement framework borrows the title bet365 coupon code Tang and Song Dynasty laws and regulations，The form of legal provisions in the form of memorials，Results or edicts produced based on certain legislative procedures in the Tang and Song Dynasties，The two have obvious different colors，Hu Zhiyun, a scholar in the early Yuan Dynasty, summarized this as "the lack of establishment of law in the Yuan Dynasty"，It is originally from the south and cannot be from the north，The north cannot follow the south" (Hu Zhiyu: "On the Law of Governance"，Li Xiusheng: "Quan Yuanwen" Volume 5，Phoenix Publishing House 2005 Edition，Page 527)，What is said is absolutely true。

　　How to realize the integration of legal culture in the Yuan bet365 coupon code

Point out the difference，Does not mean to make the difference absolute。The early development of legal culture in the Mongolian and Yuan Empire was relatively low，After the descendants of Genghis Khan established their own countries in Eurasia，Each branch bet365 coupon code khanate has a cultural localization tendency。In China，Many monarchs bet365 coupon code Yuan Dynasty were infiltrated by Confucian culture before taking the throne，Renzong、During the reign of Yingzong and his son, there was a political tendency of "ruling the country with Confucianism"。In the official code bet365 coupon code Yuan Dynasty，Although Kublai Khan banned the "Taihe Law" based on the "Tang Law" for political considerations，However, there is no objection to the use bet365 coupon code "old rules" bet365 coupon code previous dynasty that have been reviewed or approved by the Ministry of Education in judicial practice，Therefore, Wu Cheng, a great scholar in the Yuan Dynasty, believed that the relationship between the Yuan Dynasty code and the traditional code bet365 coupon code Central Plains was "covert use but overt use，The name is abolished but the reality is not abolished" (Wu Cheng: "Preface to the Outline bet365 coupon code Dayuan Tongzhi Regulations"，Huang Shijian: "Compilation of Legal Materials bet365 coupon code Yuan Dynasty"，Zhejiang Ancient Books Publishing House 1988 Edition，Page 83)。As an important compilation of laws and regulations in the early and middle Yuan Dynasty，The catalog of "Yuan Dian Zhang" is based on the imperial edict、Holy Government、Chao Gang、Six parts of Taigang and Lihu, rites, soldiers and punishments。Afterwards，This six-part chapter style was actually used as a reference and continued by the "Da Ming Code" based on the "Tang Code"，It is also influenced by the "Yuan Dian Zhang" and the traditional code bet365 coupon code Central Plains、Although the words in the Lingdian are different、The influence of internal factors with different meanings，An example of successful legal succession in Yuan and Ming Dynasty。

In the early Ming Dynasty, there were frequent religious practice activities，There are three larger ones。The first year of Wu under Zhu Yuanzhang’s regime (1367)，Prime Minister Li Shanchang and others were ordered to formulate laws and regulations，Li Shanchang and others advocated that the collection of laws and regulations of all dynasties was completed in the Tang Dynasty，So I followed the 285 laws of "Tang Law"、Order One Hundred and Forty-Five，Initially established the prototype of Ming Dynasty laws and regulations。The sixth year of Hongwu，Zhu Yuanzhang also ordered Liu Weiqian, the Minister of Punishment, to revise the "Da Ming Code"，The revised laws and regulations，Its "the chapter is accurate to the Tang Dynasty"，name example、Wei Jin、Position system、Household marriage、Stables、Good at having fun、Thief、Fighting、Fraud、Miscellaneous Law、Capture、Twelve articles including breaking the prison。The 22nd year of Hongwu，Zhu Yuanzhang believes that the revised "Da Ming Code" still does not implement the appropriate lenient and simple rules、The original intention of legislation with appropriate severity，Order the Hanlin Academy and the Ministry of Punishment to revise the law again。Thirty years of Hongwu，The final version bet365 coupon code "Da Ming Code" was promulgated throughout the world，Become a Ming generation customization。

In form，The "Da Ming Code" officially promulgated in the 30th year of Hongwu and the first year of Wu、Comparison of Hongwu Sixth Year Law，A significant difference is the change in the classification bet365 coupon code twelve Tang Code chapters，Change to name、official、household、Ceremony、Bing、Penalty、Classification pattern of seven articles。There are many reasons for this change，But there are two points that need special attention。One，Social development is the fundamental force that promotes the evolution of law。The gestation of ancient Chinese legal codes、It has taken a long time to develop and mature，The promulgation of "Yonghui Code" in the Tang Dynasty marked the maturity of my country's ancient feudal code of law。When the dynasties after the Tang Dynasty formulated the code of law，Although most use Tang law as a model，But it will always show some different characteristics based on the actual conditions bet365 coupon code current dynasty，Like the heavy rules in the early Tang Dynasty、Focus on grid in the later stage；The Song Dynasty focused on imperial edicts；The Yuan Dynasty relied heavily on examples；The laws and regulations bet365 coupon code Ming and Qing dynasties were parallel，This so-called law is outside the law、The existence of society determines the existence of social law。Part 2，Cultural tradition is one bet365 coupon code sources that cannot be ignored for the development and progress of law，This is especially true for our ancient country with a civilization history of more than 5,000 years。The formation bet365 coupon code legal system is indeed a process that becomes relatively closed，But there will always be some multiculturalism in the process、Differences in legal customs、Concepts and systems are absorbed，Formation of a new legal tradition，And become a local resource for the future development bet365 coupon code country’s legal system。Understanding the above two points，It is very helpful to clarify the changes in the chapter form of "Da Ming Law"，As some scholars said，The change in the chapter form of "Da Ming Code" is to "adapt to the situation bet365 coupon code political system in which the central government affairs were divided into six ministries after the official reform in the 13th year of Hongwu period，Absorbed Tang Liudian、The advantages bet365 coupon code Yuan Dian Chapter’s code structure format based on the classification of officials” (Huai Xiaofeng: “Da Ming Lvdian School Edition”，Legal Press 1999 Edition，"Calibration Instructions" page 2)。

Meng Yuanzhao set off from Mobei，The legal tradition is obviously different from that bet365 coupon code Central Plains，But when the center of rule moves southward，Learn from both the legal system and content、The trend of integrating Chinese and French is becoming increasingly obvious。This integration is not yet complete，However, some of these experiences and achievements have gradually been integrated into the legal cultural tradition bet365 coupon code Central Plains，Became one bet365 coupon code sources of legal code compilation in the Ming and Qing dynasties。The integration of multiple legal cultures in the Yuan Dynasty，In fact, it is also an objective reflection of people’s identification with the common political space, that is, the national entity，It has a profound historical influence on the construction bet365 coupon code common legal ideology bet365 coupon code Chinese nation。

　　(This article is a phased result bet365 coupon code National Social Science Fund’s major project “Research on the History bet365 coupon code Integration of Nomadic Peoples in Ancient Northern China and Farming Peoples in the Central Plains” (17ZDA176)

(The author is a second-level professor at the School of bet365 coupon code and Culture, Northwest Normal University；Ph.D. candidate, School of bet365 coupon code and Culture, Northwest Normal University)