Study On The Application Of Confucian Classics In The Judicature In Yuan Dynasty

In general,though Confucian classics suffered from an unprecedented severe test in the Yuan Dynasty,it gained rebirth and did not deviate from the original development line.After the destruction of Yuan Dynasty,the core essence of Confucian classics such as the rule by virtue,absolute monarchy,the ethnic structure of centering on the Han nationality had no fundamental changes.To a current eye,the cultural development between Song and Ming had more continuity than interruption.The application of Confucian classics in the judicature of Yuan Dynasty was still dominant,and the judicature was still guided by the traditional Chinese legal thoughts and values of Confucian classics.However,the traditional legal thoughts such as the Mongolian and Hui nationality still had an important influence.In Yuan Dynasty,"sinicization and anti-sinicization" had not affected the change of the mainstream value of state judgment,while the political power of sinicization and anti-sinicization had not affected the fundamental change of the mainstream value of state judgment in the judicature.The application of Confucian classics injudicial practice was the recognition of its orthodox status.The Yuan Dynasty advocated the application of Confucian classics in order to overcome the disadvantages of the fragmented study of Confucian classics since the southern Song Dynasty,In essence,it was the enrichment and partial deepening of the connotation of the traditional Confucian classics.As the backbone of ancient Chinese learning or scholarism,the Confucian classics is a large and profound system,which varied with time and dynasty.Its influence reaches all aspects of society,but in terms of its influence on law,it includes legislation,judicature,and law enforcement and so on.The author aims to avoid generalizations and personal bias and conducts an in-depth investigation with the method of empirical research to provide strong data evidence in support for the application of Confucian classics in the Yuan Dynasty.After going deep into the judicial cases in existing legal texts of Yuan Dynasty,such as Tongzhi Tiaoge;Zhizheng Tiaoge,The Collection of Laws of the Yuan Dynasty,Xingtong Fushu,Yongle Encyclopedia(extant fragment)and so on,the author would analyze the various situations in the classics cited in the judgment,including which and how to cite them,and what types of roles the playing in the judgment of the cases,and making overall evaluation.The core is to investigate whether the Yuan Dynasty was guided by the traditional Chinese legal thoughts and values in the judicature.Therefore,the article exhausts almost the existing judicial cases of Yuan Dynasty as far as possible.In the view of the case types,character of case,the application of Confucian classics in the case and so on,the author would utilize statistical approach to use quantity and quality analysis reflecting macro from micro in order to do empirical study and reveal the situation and law of the application of Confucian classics in the Yuan Dynasty.Taking the concrete judicial cases as an opportunity,this paper tries to find out the authentic elements and spirit of Confucian classics in the judicial system of the Yuan Dynasty and reveal the features and laws contained in the application of Confucian classics in the judicial system of the Yuan Dynasty in the process of classifying the 900 existing cases of the Yuan Dynasty.