The Legal Problem Study In Yuan Dynasty

After the Mongolia conguered and hosted China's Central Plains,they were studying and inheriting Chinese traditional legal system,meanwhile blend with Mongolia old customary law.Thus,they shows up a dualistic style.As a result,the Yuan dynasty did not form a volume of complete code,and mostly composed of 'TiaoGe'(条格)and'DuanLi'(断例)The application of the law,they were separately using their own traditional customs. With conflct and combine,the adjustment and adaptions were continuously making to find a way to reach some balance, ensure the state power can keep the social order and the effective ruling.The former study on Yuan dynasty's legal institutions was still relatively weak,especially from the dualistic visual discussing the concrete problems of Yuan dynasty's legal is very little.This paper is a study on some concrete legal problems of Yuan dynasty observing from the Mongal and China's dualistic visal.lt contains such items as below:First,the legislation activity and program in Yuan.Based on fomer study,I summarized the legislation activity and program in Yuan dynasty,and figure out that the reason of without a complete code is the adjustmen and combination of the dualistic legal still not finished.Meanwhile it shows the strengthen of the centralization of authority.Second,study on the slave's law and confiscate penalty.Those are the most clearly display of the conflict between the Mongal's and China's legal tradition.We can see that the most diffence is the relationship of masters and slaves,and it affects the Yuan's law badly.Third,the exile system in Yuan.The progress of the exile system is a very good example to represent the combination of law between Mogol and China's tradion.Forth,the evalution and adminstrative penalty within the government officials,and the prisoner re-trial system.Those are systems that perfectly developed in China's tradional legal system.But in Yuan dynasty,the Mongol's tradion had infiltrate with them.To sum up the all above problems,we can find that the dualistic character is the most important factor in Yuan's legislation.and the origin is the differce of the economic relationships in different ways.