Rheological Analysis Of The Yuan Social Institution Of Marriage

Back to 1206 years ago, as the main rules and regulations in adjusting Mongolia marriage, "Yusun" has been the Mongol society's conventional law without controversy. Afterwards, because of the release of "yasaq", Mongol society stepped into the written law period. However, as the long-time existing conventional law to adjust Mongolia marriage, the conventional law "Yusun" did not disappeared from the history stage. Some of the rules and regulations in "Yosun" have been adopted as the articles in "yasaq" by Genghis Khan. Hence, these conventional laws still played crucial important role in the area of adjusting Mongolia marriage. Went through the initial ruling stage of furious culture impact with other peoples after Mongol ruled Chinese mainland, they finally established "abiding every people's own law" as the social principle of adjusting marriage. "Abiding every people's own law" means that if each people marred his or her nation, the couple should abide their nation's law; if one wanted to marry a person from other nations, the couple should abide man's nation in marriage laws or conventions. Mongolia society showed they respect nation conventions in their marriage law which has been their law making spirit. In that case, they kept the law connecting with society systematically and harmoniously. On the one hand, that is active affect in the law history without any doubt. But on the other hand, because of the impersonality history conditions, the rulers in Yuan Dynasty could not make a judicial system established in the base of convention laws and could not make this system accord with social development and could not ensure the social justice. Furthermore, this judicial system based on conventional laws and abided by the principle of "Mongo First" could only show the customs' conservation in the feudal society, which has blocked the improvement of marriage law in Chinese history.