중세 몽골의 칭기스칸 법전 연구

Abstract

In the late 12th century, Temugin has begun to unite the tribes in northeast Asia and, by the early 13th century, he has unified the region and came to power as Genghis Khan of the Mongol Empire. At that time, he promulgated the Genghis Khan’s Code of Laws, also known as the Yassa, which was kept secret and no longer exists. Some of western scholars have collected the scattered articles of the laws and restored the Code. In 2007, the Genghis Khan’s Code was reorganized by China with 65 articles of laws. In this article, the author analyses the provisions of the Code relating to the military affairs. The author further examines the reason why the Mongol Empire was able to conquer the world. The Mongolian traditional “yuson” and the customary law are the main source of the Genghis Khan’s Code. The military organization of the Mongol Empire was also a social organization. It was constructed with the ten-household, hundred-household, thousand-household and ten-thousand-household heads. The Great Mongolia adopted a military training system on the basis of hunting. During the hunting, it should be organized as in the battle, and the commander should be appointed to conduct the hunting unitedly. If a war requires, all people, no matter old or young, rich or poor, should have the obligations to join the army and fight against enemies. Civilians were compulsory to bear goods materials of warfare. A wife should take good care of the household duties while her husband went to the war or went hunting, and bear the obligation of penal service instead of her husband. Although the codification system and legislation technique of the Genghis Khan’s Code were still far from perfection, the legal norm of the ancient Mongolian had realistic and practical characteristics. The related articles in the Genghis Khan’s Code let the Mogol Empire to be a mighty country, finally they can conquer the huge territory. The author concludes that the military-related provisions under the Code has strengthened the Mongol Empire, thereby providing the country with a driving force to conquer the large territory.