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律和例是有清一代基本法律形式,律例关系是考量清立法技术的重要依据,也是这一时代律学关注的主要问题,同时也对司法产生了诸多影响。学界对这一问题也多有论争,形成截然不同的观点。作为清代的基本史料,《清史稿.刑法》对律例关系也有论述,这对我们正确认识律例关系提供了材料,本文即从刑法志出发,在论述律和例的基础上,探讨清代律例关系问题。
The law and the example are the basic legal form of the Qing generation. The relationship between the laws and regulations is an important basis for considering the law of the Qing law. It is also the main issue that the law studies in this era. At the same time, it also has a lot of impact on the judiciary. The academic circles also contend more on this issue and form entirely different views. As the basic historical materials in the Qing Dynasty, the “History of the Qing Dynasty. The Penal Code” also discusses the relationship between laws and regulations. This provides us with a correct understanding of the relationship between laws and regulations. Based on the law of criminal law and the law, On behalf of the law relationship problems.