| Yuan dynasty is the first unified feudal despotic country in the Chinese history which was established by the minority ethnic group. The ruler of Yuan dynasty established a set of multiplex legal systems under the instruction of " respective vulgar" and "pours ancient accurate now" , among which the marital family law system was the most unique and special. It took the massive common laws and the case-law as the manifestation and concluded the substantive condition in the marriage, the zhui xu marriage, the received and continued marriage, "and leaves" the divorce system and remarries and so on. This system not only contents innovation and the rich positive sense, but has unfolded Yuan Dynasty social style. Few scholars have explored it from the complete picture of marital family. Most of them took details and individual questions into their consideration instead. So there somewhat exists regret and defect in the research of marital family law system of the Yuan Dynasty.This thesis elaborates the marital family law system of Yuan Dynasty in three chapters. Chapter one starts with tracing the source or origin of the marital family system of Yuan and introduces the guiding ideology of civil law in Yuan as well as the origin of the marital family law for the discussion of the concrete system in the following chapters. Then in chapter two the thesis elaborates Yuan Dynasty marriage system using the massive lengths. This chapter is the highlight and core of the whole article. It analyses Yuan marriage including the zhui xu marriage, the received and continued marriage as well as divorce and remarriage and so on from the marriage types of Yuan. In the third chapter, it reveals that women's status in Yuan was improved in comparison of the differences between the Mongolian nationality families and the Han Nationality families. The author, through the elaboration of three chapters, summarizes the characteristics as well as the deficiency of the marital family system in Yuan, and hopes to contribute a bit to the research on the historical development of marital family. |
