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元朝是我国历史上蒙古贵族所建立起来的一个多民族的封建王朝,它结束了宋、辽、西夏、金以及吐蕃,大理等长期并立的局面,重新实观了国家的统一,从而加强了各民族间的多方面的联系,并基本上奠定了中华民族的版图。元朝立国之后,共迫切任务是要重新确立中央集权,巩固其统治秩序,为此进行了一系列政治、经济、军事以及文化诸方面的重大改革,有力地推进厂社会生产力的发展。与此相适应,其法律制度也高度发展,建立了比较完备的刑事诉讼制度。其中,法官责任制度的建立就是一项很重要的内容。历史证明,元代的法官责任制度,是周、秦、汉、唐以来制定的法官责任制度的实践经验的总结,也是其后明清两朝制定法官责任制度的基准。它在中国古代诉讼史上的重要地位是不言而喻的。本文拟就这一部题加以探讨。
The Yuan Dynasty was a multi-ethnic feudal dynasty established by the Mongol aristocrats in the history of our country. It ended the long-standing symbiosis of Song, Liao, Xixia, Jin, Tubo and Dali, and reevaluated the unity of the country so as to strengthen the Multi-ethnic relations between people, and basically laid the territory of the Chinese nation. After the founding of the founding of the Yuan Dynasty, it was an urgent task to re-establish the centralization of power and consolidate its ruling order. To this end, a series of major reforms in politics, economy, military affairs and culture were carried out to effectively push forward the development of the social productivity of the factory. In line with this, its legal system is also highly developed, and established a relatively complete system of criminal procedure. Among them, the establishment of the judge responsibility system is an important part. History has proved that the system of judges’ responsibility in the Yuan Dynasty was a summary of the practical experience of the system of judges’ responsibility since the establishment of the Zhou, Qin, Han and Tang dynasties, and also the basis for the subsequent formulation of the system of judges’ responsibility in the Ming and Qing dynasties. Its important position in the history of ancient Chinese litigation is self-evident. This article intends to explore this topic.