Study Of The Civil Law Of The Yuan Dynasty

In Chinese history, Yuan Dynasty is a period with vast territory, multitudinous nationalities, various customs and unbalanced development of the society. Moreover, the strategy of administering country, which allowed each nation and race obeys their own folk custom religion and law, caused the civil activities more complicated in their mutual association. So the civil law of Yuan Dynasty not only followed the traditional idea but also possessed it抯 own feature of the times. It is very necessary and favorable for administering a unitary multi-national state to study the civil law of Yuan Dynasty. In this paper, I mainly talk about the civil law system of Yuan Dynasty, focusing on the sources of civil law ,marriage~ family~ inheritance and civil procedure. The conclusions are: the pluralism of the sources of civil law, system of personal law and the existence of various bodies of civil justice. it is also concluded that the council system is founded to reconcile the conflict resulting from the aforementioned system.. This thesis includes five parts. In the first part, the concept of civil law and the features of Chinese ancient civil law and the law in Yuan Dynasty are presented respectively. In the second part, the civil law is put into three categories: written law, customary law and judge--made law, and it is proved that the customary law and judge梞ade law are the main ones. In the third part ,the marriage system is studied on the aspects of nature, content~ feature. and the marriage is defined as normal marriage, levirate and a kind of marriage under which a son-in-law lives in his wife抯 home and ,How the Han nationality抯 law of levirate got evolved in Yuan Dynasty is analyzed. Furthermore, the law concerned with household and inheritance in Yuan Dv nasty is studied. In the fourth part, it抯 focused on the variety and scope of civil justice and the various systems of civil proceeding, Based on the above analysis, the work of packing up its features of the civil law of Yuan Dynasty is concluded its effects in Chinese civil law history and legal system history and legal system history are evaluated.