屠城、妄杀与死刑奏报——论蒙元时期死刑文化的转化

蒙古帝国初进中原的屠城之制，是根据蒙古传统法令而进行的一种刑事惩罚，它并不包括在成吉思汗所禁止的“妄杀”的范围内。但在向中原汉文化地区不断扩张的过程中，面对着草原游牧文化与中原农耕文化的冲突，蒙古统治者也不得不逐步改变其政策和法令，其草原法文化也开始深受中原地区法文化的影响，表现在死刑方面的转化就是把屠城包括在妄杀之中加以禁止，并在忽必烈时代开始建立起死刑的奏报制度，对死刑加以控制。但和唐代等比较起来，元代的死刑程序比较粗略。

On the Transformation of Death Penalty in Mongol Empire and Yuan Dynasty

When Mongol empire first invaded Central Plains, the Mongols massacred the inhabitants of the conquered cities. It was a kind of criminal punishment based on the traditional Mongolian laws. It was not part of the wanton slaughter which was prohibited by Genghis Khan. With the expansion of Mongol empire, there were conflicts between nomadic culture and farm culture in Central Plains. Mongolian governors had to gradually change their policies and laws. Influenced by the legal culture of Central Plains, Mongolian laws were transformed. In the respect of death penalty, massacre of the inhabitants of a conquered city was prohibited as part of wanton slaughter. When Kublai Kahn was the emperor, all death penalties should be reported to him, which was actually a control of death penalty. However, the procedure of death penalty in Yuan Dynasty was rather sketchy compared with that in tang Dynasty.