蒙元《条画五章》考论

A Study of Mongol Empire's Five Regulations in the Yuan Dynasty

《条画五章》是蒙元时期较为重要的一部法律,关于《条画五章》的制定年代,众说纷纭,以1210年和1211年较为合理。《条画五章》长期被认为是"夷法"而未受到重视,直到近代才被作为"制法"而得到认可,这反映了大家对蒙古法律文化的认可过程。《条画五章》最重要的规定就是"出军不得妄杀",但成吉思汗所理解的"妄杀"与《条画五章》的建议者郭宝玉是不一样的,《条画五章》禁止的是没有得到命令的个别的杀戮行为,而不是有组织的集体的"屠城"行为。

Among the different views on when Genghis Khan the first and most famous emperor of Mongol Empire laid down Five Reggulations , which has been now regarded as an important law during the period of Mongol empire and the Yuan Dynasty, it is more reasonable that the law was made in 1210 or 1211 .For a long time, Five Regulations was treated as barbarian law. It was not valued as civilized rule untill the end of Qing Dynasty, which shows the process in which Mongol＇s legal culture was gradually and correctly understood . By Five Regulations , it was barred to kill people illegally in a military action. In fact, Guo Bao - yu the proposer had suggested that killing people illegally meant slaughtering people immorally while Genghis Khan held a different opinion toward killing people illegally. Therefore, Five Regulations did not stopped collective and organized massacres in captured cities but the soldiers＇ personal murder without permission.