元代法律体系之构建——元代法律组成解析

On the construction of the legal system of Yuan Dynasty——parse the form of the legal system of Yuan Dynasty

元代法律由以大札撒为核心的蒙古法和为了满足统治需要不断立法而形成的条格组成。蒙古法为元代地位最高之法,延续于蒙古国,称之为札撒,具有“以刑为主,诸法合一”法典的性质。条格,为元代立法所有成果,是对唐格的借鉴,对蒙古法的必要补充,具有“以行政法为主,刑法为其重要内容,诸法合一”法典的性质,含狭义条格、断例、制诏。在对元代法律组成解析的基础上,笔者认为元代法律体系由札撒、条格构成,在条格内又有亚系——狭义条格、断例、制诏。此体系的构建,有助于全面掌握元代法律,也有利于反思元史学界对元代法律的基本看法。

The law of Yuan Dynasty was made up of Mongol law and the statue of Yuan Dynasty. The Mongol law came from Mongol Empire, had the highest position in the law of Yuan Dynasty, was named as yasa, criminal law was the main body of the Mongol law. The statue was all legislation of Yuan Dynasty, emanated from the statue of Tang Dynasty, was an important supplement to the Mongol law, was composed of case, prescript and narrow statue. Administrative law was the main body of the statue of Yuan Dynasty and criminal law was vital in the statue of Yuan Dynasty. The legal system of Yuan Dynasty was made up of the yasa and the statue. There was a secondary legal system of Yuan Dynasty in the statue, which was composed of case, prescript and narrow statue. On the construction of the legal system of Yuan Dynasty is in favor of the comprehensive understanding the law of Yuan Dynasty and reflecting the opinion on the law of Yuan Dynasty.