Research On The Yijue System In The Yuan Dynast

The ancient Chinese marriage system is "based on etiquette,and the law is supplemented",which is a model of the unity of etiquette and law,and Yi Jue system is a characteristic content of China’s ancient legal divorce system,and is the product of the integration of family social etiquette and law.Traditional China attaches great importance to the marriage system,whether it is etiquette culture or legal provisions,the general direction pursued is to maintain the stability of the marriage relationship and oppose arbitrary termination,so the Yi Jue system as a legal reason for divorce has a special historical status.When there is an act of rebellion against human ethics and damage to the relatives of both families,the acquired relationship of kindness and Yi Jue system concluded between the husband and wife is regarded as objectively canceled,and the public power needs to intervene to force the judgment,which is righteousness.In the continuous inheritance of more than a thousand years,this system that fits the mainstream of Han culture has deeply imprinted Confucian scriptural thought,rooted in the deep soil of Han culture,and has become quite stable in structural effectiveness as Chinese feudal society in the Song Dynasty entered the late stage of maturity.However,with the strong invasion of the northern nomads,the Mobei culture rushed to the hinterland,and there was a large-scale collision,infiltration and fusion with the agricultural civilization of the Central Plains,which impacted the stability of the traditional Chinese marriage system and promoted the historical process of ethnic assimilation and national integration to the greatest extent.In this social atmosphere of symbiotic coexistence of multi-ethnic marriage and customs,the Yi Jue system inherits and carries forward the connotation of the previous generation,or actively or passively combines the legal and cultural characteristics of ethnic minorities,and has undergone profound and key changes in the harmony and conflict between nomadic civilization and agricultural settlement civilization.The Yuan Dynasty was a special period of upholding and integration of Mongol and Han cultures,and it was also a period of major changes in the process of Yi Jue system transmutation.During this period,influenced by civil activities and cultural exchanges in the Yuan Dynasty,the Yi Jue system showed the characteristics of expanding the scope of application,reducing the severity of punishment,and weakening state intervention,which was actually a profound reflection of the cultural changes,political system reforms,and changes in marriage etiquette in the Yuan Dynasty.Therefore,it is extremely valuable to take the Yi Jue system in the Yuan Dynasty as the object of investigation,whether it is to focus on the essence of ancient marriage and family,reveal the ethical order with "Yi Jue" as the core,or explore the intermingling of Mongol and Han marriage customs in Yuan society.Therefore,on the basis of making full use of the "General System Regulations","Yuan Dianzhang","Yuan History" and other documents,this paper will discuss and explain the changes in the ideology and system of Yi Jue during this period,and explore the reasons for the changes with the original cases as samples,in order to re-examine the role of ethnic minority legal culture in the inheritance and transformation of Confucian legal culture in the relationship between the legal culture created by the pluralistic and integrated regime in the Yuan Dynasty and traditional Han law,provide evidence for the flexible application of the marriage system in today’s ethnic autonomous areas,provide evidence for the improvement of the current divorce standards,and build a good marriage and family system.