Research On Several Issues In The System Of Shao Mai Yin In Yuan Dynasty

The silver burning clause in the Yuan Dynasty law was essentially a civil compensation provision in addition to the main penalty.The silver burning system originated from the customary law of the grassland and entered the legal system in the form of emperor’s edict,which has nothing to do with Confucianism.In the judicial practice of human homicide cases,the implementation of the silver burning system as an additional clause covers a wide range of ethnic groups,breaking through the scope of application of "like crimes" in the Tang and Song laws.The amount of compensation is fixed and independent of the circumstances of the case and both parties.The influence of the identity of the parties reflects the principle of the supremacy of Mongolian law,the principle of fairness and social relief habits.The phenomenon of the same crime and different punishments in the main penalty is not caused by ethnic discrimination.In addition to the influence of light punishment,the primacy of life and other concepts,as well as the consideration of the party’s roots and job behavior,the most important thing is that it reflects a multi-ethnic country The principle of "everything in accordance with the original custom" in the legal system.