A Study Of The Illegal Torture Phenomenon In Yuan Dynasty Han Area

In the history of ancient Chinese torture system,the Liao,Song,Jin and Yuan dynasties all had their own development based on the Tang laws,among which the Yuan dynasty made substantial reforms from the torture methods to the torture tools,and the government agencies restricted the torture.The "four-class system" was preconceived that the Yuan dynasty’s "cool officials abused torture" more than the previous dynasty.Therefore,in many studies of the ancient torture system,there is only a passing reference,and there is no systematic and objective understanding of the content of the Yuan dynasty torture system.The author believes that the study of the Yuan dynasty torture system is not only a further exploration of the ancient torture system,but also an exploration of the development process of human civilization in the long history of ancient China,which helps to break the prejudice and deepen the unity of various ethnic groups.For the above reasons,this paper will conduct an in-depth study of the H torture system in the historical context of the Yuan dynasty in conjunction with specific torture cases from Yuan dynasty historical sources.This paper will elaborate on the following three chapters: Chapter 1,firstly,briefly summarizes the origin of the Yuan dynasty Han Area interrogation system,followed by the content of the Yuan dynasty Han Area interrogation system to introduce its legal interrogation conditions,subjects,objects,tools and means of interrogation.This chapter will cite specific laws and regulations in Yuan dynasty literature and refer to the implementation of specific interrogation cases for detailed discussion.In the second chapter,a case study of torture is conducted on the specific application of the torture system in Han Area during the Yuan Dynasty.First,starting from the many real-life cases of torture in Yuan dynasty literature,we classify and scrutinize each torture-related case,analyzing the steps in its real-life application and the content of punishment of officials.Then,we interpret the inner activities of the officials by combining the public dramas involving torture in Yuan dynasty literature,and discuss the specific practice of the torture system in the social life of Han Area during the Yuan dynasty.In the third chapter,summarizes the limitations of the Han Area during the Yuan dynasty criminal justice system and the causes of the proliferation of illegal interrogations in the Yuan dynasty,in which the limitations of the Han Area during the Yuan dynasty criminal justice system are analyzed mainly from two aspects: the emperor’s advocacy of prudent punishment and the flexibility of case law.The reasons for the proliferation of illegal interrogations are analyzed in terms of three factors: the poor quality of officials,the time limit for official work,and the difficulty of obtaining evidence.In conclusion,as an important part of the judicial trial in the ancient feudal society,the existence of the Yuan dynasty Han Area criminal justice system is not accidental,but has a certain rationality under the limitations of the times.The author aims to summarize the favorable experience of curbing the torture of confessions through the study of the Han Area torture system in the Yuan Dynasty,so as to provide inspiration and reference for building a society under the rule of law and a harmonious society in China.