Chapter 16 The fourth section promulgates Zhasa

The Mongols used to have no written language, so when they dispatched envoys or orders for battles, they relied on cursive or wood carvings to record events.This method of recording events seriously hinders the accurate transmission of military orders and the will of the monarch, and affects the development and progress of national wisdom and culture. In 1204, during Temujin's campaign against the Naiman tribe, a Uighur named Tata Tonga was captured.He is the Fu and seal official of Taiyanghan in the Naiman tribe, in charge of cashiers and money grains, and the golden seal for appointing talents.The descendants say that he is intelligent, good at speaking, and has a good command of his own language.When Tata Tonga was captured by Mongolian soldiers, Genghis Khan asked him: "The people and territory of Taiyang Han belong to me, where are you going with the golden seal in your arms?" Tata Tong'a said: "This is the duty of a minister. I want to find the Lord and hand it over to him, but I have no other plans." Genghis Khan appreciated his loyalty to the old Lord, but was very surprised, and asked, "What is the use of this golden seal?"

Tata Tonga said: "The cashier Qiangu, appoints talents, and uses it for all major events. This is a testament." Genghis Khan asked again: "Do you know your own language well?" He replied: "Yes, I can still be with you I will serve you under the tent." After hearing this, Genghis Khan was overjoyed, and ordered Tata Tonga to stay in front of the tent of the Great Khan and teach the princes and kings to learn Uighur characters.Later, he ordered the children of Mongolian nobles to learn Uighur writing.Under the vigorous advocacy of Genghis Khan, Mongolia gradually adopted the Uighur script to write the Mongolian language, and created the Uighur script Mongolian language.Although Kublai Khan, the ancestor of the Yuan Dynasty, ordered the national teacher Basiba to use the Tibetan script to create the official Mongolian language, it was basically not used after the fall of the Yuan Dynasty.The Mongolian script of the Uighur characters has undergone changes and has gradually become more perfect. are becoming more and more important.

It was with this kind of writing that Genghis Khan was able to promulgate Zhasa. Zhasa means "decree", "military law".As early as 1203, after Temujin defeated the Kret tribe, he had repeatedly passed on "Zhasa" by word of mouth, emphasizing the prohibition of leaking secrets and greed for money.Later, with the expansion of the war of conquest, Genghis Khan felt more and more important to manage and punish these unruly herdsmen.So the Kuritai was held, "the leadership rules, laws and ancient customs were re-defined among them", and the Zhasa Code came into being, which was synthesized by considering the customs and traditions of each tribe, and was the first Mongolian statutory law.

The Zhasa code stipulates that all theft, adultery, and horse stealing are capital crimes; drunkenness is no more than three times a month, otherwise, wisdom will disappear and you will be in a coma all day; herdsmen are prohibited from bathing under thunderstorms, and they are not allowed to bathe in rivers; drowning in water is strictly prohibited. or ashes, it is strictly forbidden to cross the fire, cross the table, cross the plate, etc.; but Muslims are allowed to "religious ceremony of baptism in water".Genghis Khan has always respected religious beliefs, so whenever there is a war, he always orders astrologers to do divination first.At the same time, it also stipulates that all espionage, rape, and perjury shall be punished by death.The Zhasa Code also stipulates that the period from the first snowflake to the first green grassland is the hunting season.Can hunt elk and wild donkeys.In the spring, there will be a Kuritai meeting, and leaders at all levels must participate. Those who stay in the camp without permission will disappear like a stone in a deep stream or an arrow sunk in a reed.From the above, it can be seen that the Zhasa code has the following four characteristics:

First, it is the absolute embodiment of Genghis Khan's will. Second, it promoted the unity and integration among nomadic peoples.3. To deal with criminals with the death penalty.4. Unless the current criminal pleads guilty on the spot, if he categorically denies it, he will not be convicted (however, the vast majority of Mongolians have the courage to plead guilty, and some even ask for punishment).With the unlimited power and ruthless whip of Zhasa Code, Genghis Khan has a well-trained, tempered, disciplined, invincible, invincible, and incomparably powerful army. Genghis Khan announced various orders, promulgated the Zhasa Code, and established a legal system.But the implementation of the legal system requires people to implement it.

Therefore, the "judgment officer" was first differentiated from the Qi Xue army, and the judiciary came into being.Genghis Khan appointed his righteous brother Shiji Hutuhu as the supreme judge and said to him: "Punish the thieves and clarify the lies. Kill those who deserve to be killed for a reason, and punish those who should be punished for a reason. Arbitrate the distribution of civil property and write down the matters of the judgment. It is recorded in the green book and documents, and it will be preserved for future generations, and cannot be changed. I will not change the documents recorded in the green book on the white paper. If there is any change, it will be dealt with as a sinner!"

According to this record, we can see that this judge not only holds the judicial power of the whole country, but also holds the national household registration and green book, and the power of wealth and endowment.The orders he issues are of a legal nature and cannot be changed by others.This kind of judge is also the official position of justice and finance, and is known as the "country minister".Although there was no strict distinction between legal issues and administrative issues at that time, the main cases were tried independently.At the same time, Shiji Hutuhu also gradually formulated a set of trial methods: such as telling prisoners to "don't be afraid, but to tell the truth."Confessions obtained through intimidation are not sufficient.

Although the judicial trial system at that time was very incomplete and primitive, the principle of the method and method of judging the case laid the foundation for the judgment.