摘要
《大札撒》在大蒙古国时代因大汗们绝对地遵循而具有无上的权威性。元朝建立后,其权威性被元朝诸帝捍卫着,它因而成为元朝立法的基础,对元朝的立法形式、立法过程、立法内容等都产生了重大的影响,是元朝极其重要的法渊。在它的影响下,元朝没有象历代中原王朝那般高度重视系统立法,而是把一事一法、简单孤立的条格、断例作为立法基本形式,把制定单行条格和整理编订断例、已颁行的条格作为立法重点,至终也没有颁行出具有中华法系典型特征的法典来。由《大札撒》影响所形成的元朝立法的独特性被明清立法所借鉴,致使明清法典“律例合编”,“例”被法典化,此体现了《大札撒》在中华法系中的价值,也进而揭示出中华法系具有多元性。
The Great Zhasa was absolutely obeyed by Khans during the Great Mongolian era,which made it the supreme authority and the highest law.Later,in the Yuan dynasty,due to its suitablility and working for society and the court,its position as the highest law was protected by all the emperors throughout the entire Dynasty.It became the legal foundation in the Yuan Dynasty,guiding the nation's legislative structure,and greatly influenced formulating legislation,procedures and content.It was the most essential legislative source for the Yuan dynasty.Under it's power the Yuan Dynasty did not highly emphasise systematic legislation as much as other dynasties,but built their legislative base on separate laws on a case by case basis.This encompassed simple and isolated statutes and judged cases.In that time the legislation was focused on making individual statutes and editing the promulgated statutes and the cases that had been judged.Until the end of the dynasty no published systematic law formed.This legislation had no typical aspects of the Chinese legal system.The Great Zhasa created the distinctiveness of legislation for the Yuan dynasty,which contributes towards the many facets of Chinese legislation.Therefore,it shows its personal value in the Sinic lex and the Sinic lex has variety.
出处
《史林》
CSSCI
北大核心
2007年第3期77-86,共10页
Historical Review
