论文部分内容阅读
《元典章》即《大元圣政国朝典章》的简称。是至治二年(1322)前元朝法令文书的分类汇编。此书元史未载。但沈家本认为,虽非修纂之书,然“乃奉官刊布,以资遵守,非仅为胥吏之钞记”之说似较公允,此亦编辑是书之目的,并开创了明清律例按六部分类的仿例。此书记述的内容大多是元代政治、经济、法律、风俗等原始资料,便于系统地研究元朝社会及其法律制度,故史料价值很高,远非一般综述性书籍所能及。本文拟就《元典章》的特色作一探索,以求教于同行。 元朝是个多民族统一的朝代,它的建立,促进了各族人民之间的联系。由于控制元朝政权的是蒙古贵族集团,为了保持自己的特权地位,确实在法制上也有不
“Yuan Dianzhang” or “Da-yuan Shengzheng Guo Chao Code” abbreviation. Is to rule two years (1322) before the Yuan Dynasty ordinance instruments classification compilation. History of this book is not contained. However, according to Shen Jiaben, although it is not a compilation of books, it is fair to say that “it is published in the government and is strictly complied with, not just the notes of the clerk.” This is also the editorial purpose of the book, The law is modeled on six categories. Most of the contents described in this book are the primary sources of politics, economy, law and custom in the Yuan Dynasty. It is convenient for the systematic study of the society and its legal system in the Yuan Dynasty. Therefore, the historical materials are of high value, far beyond the scope of general review books. This article intends to make an exploration on the features of “Yuan Dianzhang” in order to learn from peers. The Yuan Dynasty was a multi-ethnic, unified dynasty. Its establishment promoted the relations among people of all nationalities. Since the control of Yuan Dynasty power was a Mongol aristocracy, in order to maintain its privileged status, it did indeed have no legal system