A Study On The Development Of Civil Litigation System In Yuan Dynasty

The Yuan Dynasty was a regime established by Mongol rulers with a vast territory and many ethnic groups.In order to maintain their power and privileges,and to solve the conflicts and contradictions arising from the exchange and integration of ethnic groups with different political and economic systems and customs,the Mongol rulers adopted various strategies to govern the country,such as "each according to its own customs","Chinese rule the country The Mongolian rulers adopted various strategies to govern the country,such as "each according to his own customs" and "Chinese rule of law".At the same time,the rapid economic development of the Yuan Dynasty caused a great change in the people’s view of righteousness and profit and litigation.In addition,the Yuan government attached importance to civil litigation and made "litigation" a separate chapter;actively legislated in the field of civil litigation;and attached importance to the settlement of civil disputes.All of these factors make the Yuan civil litigation system in the inheritance of the basic system of the Tang and Song dynasties on the basis of continuous development and perfection,the formation of its own characteristics.Whether it is the first "dating" system,or the formal establishment of the system of representative litigation,or the continuous improvement of the system of pleadings,service limits,evidence system,mediation system,etc.,are very characteristic.The current academic research on the civil litigation system of the Yuan Dynasty,but most of them are from a complete civil procedure point of view to sort out the system,or focus only on a specific system to study the development of the civil litigation system of the Yuan Dynasty has not been discussed in detail,there is a need for in-depth study.Therefore,the author mainly discusses the development of the civil litigation system of the Yuan Dynasty from three aspects,in order to benefit the in-depth study of the civil litigation system of the Yuan Dynasty.The first and second chapters discuss in detail the innovation and development of the civil litigation system in the Yuan Dynasty compared with the previous ones.The first chapter introduces the emerging civil litigation system of the Yuan Dynasty,including the "dating"system and the representative litigation system.The second chapter introduces the new developments of the existing civil litigation system in the Yuan Dynasty,such as the significant increase in the number of civil trial institutions,the expansion of the scope of subjects subject to special jurisdiction,and the improvement of the pleading system,the service limit system,the evidence system,and the mediation system.The discussion in these two chapters is more complete and prepares the ground for the following study.The third chapter analyzes the causes of the development of the civil litigation system in the Yuan Dynasty.The causes of the development of civil litigation in the Yuan Dynasty include the following three aspects:the ruler’s strategy of governance;the government’s emphasis on civil litigation;and the changing perceptions of the people.These three causes led to the development of a perfect civil litigation system in the Yuan Dynasty and formed its own characteristics.Chapter 4 is to summarize the characteristics presented by the development of the civil litigation system in the Yuan Dynasty on the basis of Chapter 1 and Chapter 2.The characteristics of the development of the civil litigation system in the Yuan Dynasty include three aspects,namely,the separation of civil litigation from criminal litigation;the conflict between the intrinsic values of the civil litigation system;and the focus on the supervision of civil litigation activities.This is followed by a review of the development of the civil litigation system in the Yuan Dynasty in terms of positive and negative aspects.