A Study On Criminal Procedure System In Yuan Dynasty

Mongolian has a long-lasting history of law-ruling tradition. Absorbing the excellent tradition of other nations' legal system, Mongolian has formed its own unique legal system during the long historical contact with other nations, which becomes the essential part of the Chinese legislation civilization. Yuan dynasty is built after the Mongolian invasion into the middle China; it is the regime with the largest territory in the history of China, and within the boarder, there are numerous nations with various religion, economic-politicalinstitution and convention. In order to consolidate its regime, based on the philosophy of legal system-"inaddition to the law of Han, existing law with new changes", the rulers of Yuan dynasty conserved the old Mongolian rule, and in the same time absorbed the traditional mid-China law system and the law of Hui. According to the principle of controlling the other nations and remaining their own customs, the Mongolian rulers ruled all the nations within the boarder and formed their particular legal system with the difference between the north and the south. This multi-aspect legal system has made its contribution to the social stability, economical development of this multi-nation country.Many researches have been made on the history of the law system of Yuan dynasty, and there are numerous findings. However, in response to the lack of the historical material and the difficulty of reading, the research on the law system of Yuan dynasty, especially the criminal procedure law, has not been reached the expected level. There are few systematic researches on the legal origin, the essence, the function, the implication and the institution of judicatory adjudgement of the legal system of the Yuan dynasty; and there are not many researches on the law system of Yuan dynasty from the view of branch law.This paper tries to explore and summarize the criminal law system of Yuan dynasty by examining the origin, the suit institution, the proof institution, criminal law procedure and chancellors' legal responsibilities which related to the illegal activities, therefore enrich the findings of this field.