A Study Of Legislation On Family Property In The Yuan Dynasty

The ruler of past dynasties,who wanted to protect social stability and safeguard political power,laid down the special laws and regulations on family property. The ruler of the Yuan dynasty,who became one of the dynasties in the central plains as a different trible,worked out the laws,which was provided with the distinct age characteristic.The writer want to give a scant help foe the studies of the history of laws and the household history in the Yuan dynasty by the way of having a brief account of this historical phenomenon.This paper concluded the conception\the constitution and the legislation history about family property:the understanding of the content of the family property in yuan dynasty is on the base of the comparison about the intension on family property between the Mongols and the Han nationality;the summary of legislation on the family property in the past dynasties make us know it more in the vertical respect;Then,the illustration of the habit laws on family property in the period of the Yeke Monghol Ulus shows the source of this legislation in the other hand. Both of the aspects are the background of this paper.The main body of this paper has three parts about the legislation on family property.The first of them is the management legislation on family property inYuan dynasty,which is required into from the public and the private:the private is the right of supervision \the dividing up family property in big families ;the public is the lawsuit about family property;The second is the continue of family property,which can be called the inherit of family propertyxongting different families ,the ownership of family property has distinct direction arid proporti﹏s,from which the complicated situation stemed;The third question is about the families that fleet from home:on the basis of analyze the reasons that families fleet ,the handle of family property about the fleeing families are discussed from the families that was back and the families that wasn't back.Combining with historical facts ,the distinguishing characteristic of the yuan dynasty's legislation about family property are generalized.