摘要
《大清律例》與各部院則例相輔相成,構成清代法律的中心,是統治者治國理政最為重要的工具。因為各部院事務存在交叉,則例與律例法源相同,且律例作為刑法本身的特性,使得兩者能夠銜接。《大清律例》通過吸收則例,與則例相互參照適用,並且作為則例標準這三個方面,與各部院則例相銜接。在清代前中期,相對銜接的程度更高,它促進了法律體系內部的統一,簡化了律典篇幅,強化了律典的概括性,並且共同構築了一個嚴密的規則體系。但是到了清代後期,銜接的不緊密,又導致了律例和則例的參差歧異,給法律適用帶來很大的弊端,所以清末改革時要重新強調兩者的銜接。當然,《大清律例》和各部院則例銜接的傳統,也有可能使得「律例—則例」制向「各律」制部門法體系的轉化,變得沒那麼困難。
Ta Tsing Leu Lee and The Codes (zeli) of the Ministries were complimentary and constituted the core of the law of the Qing Dynasty, they were the most important tools for the ruler to rule the Empire. Becuase the activities of various departments had a cross relationship, the rules had a common source and Ta Tsing Leu Lee mainly existed as a criminal code, Ta Tsing Leu Lee and The Codes (zeli) of the Ministries thus were linked.By absorbing the essence of the Codes (zeli) of the Ministries, Refering to them, and as the standard of them, Ta Tsing Leu Lee and the Codes (zeli) of the Ministries were closely connected. Broadly speaking, in the early period of the Qing Dynasty, they connected to a relatively high degree, thus promoted the unification of the legal system, Simplified the length of the code and strengthened the generality of the code, at last constructed a strict legal system. But in the late Qing Dynasty, Ta Tsing Leu Lee and the Codes (zeli) of the Ministries were not colse enough, thus caused the contradiction between the two types of law and brought great difficulties to the application of law. So at the time of legal reform in the late Qing dynasty, people of vision reemphasized the unification of the two tpyes of law. Of course, this legal tradition may also make the transformation of the legal system of Ta Tsing Leu Lee and the Codes (zeli) of the Ministries to the modern department law system less difficult.
關鍵詞
《大清律例》、各部院則例、銜接、標準
Ta Tsing Leu Lee, the Codes (zeli) of the Ministries, Link-up,standard