“各依风俗”立法原则下的元代丁忧制度

The Dingyou System of the Yuan Dynasty from the Perspective of the Legislative Principle of “Everything in Accordance with the Original Custom”

摘要: “以孝治天下”是我国古代封建王朝千年来历代沿用的基本国策，作为儒家“孝文化”重要一环的丁忧制度，一经确立就被历代封建王朝所沿袭。元廷不仅在法律制度的构建和实践过程中注重继承中原法律制度，同时也与时俱进，作出适当调整。本文主要从丁忧制度在元代的建立、相关规定及“各依风俗”界限淡化的深层逻辑这两个方面来探讨丁忧制度在元代的发展历程以及在促进各民族交流交往过程中的桥梁作用。

Abstract: The principle of “governing the world with filial piety” has been a basic national policy adopted by ancient feudal dynasties in China for thousands of years. As an important part of Confucian “filial piety culture”, the Dingyou system has been followed by feudal dynasties since its establishment. The Yuan court not only focused on inheriting the legal system of the Central Plains in the construction and practice of the legal system, but also kept pace with the times and made appropriate adjustments. This article mainly explores the development process of the Dingyou system in the Yuan Dynasty and its role as a bridge in promoting exchanges and communication among various ethnic groups from two aspects: the establishment of the Dingyou system in the Yuan Dynasty, relevant regulations, and the deep logic of the weakening of the boundary of “everything in accordance with the original custom”.