清代夫妻相犯的法律适用——兼论《大清律例》有治罪明文时律与例的关系

The Application of Law in Cases Committed by Husband or Wife Against the Other in Qing Dynasty——On the Relationship between Rule and Case when there is a Clear Regulation in Qing Code

对清代夫妻相犯法律适用的分析,考察《大清律例》的实际运作情形、律与例的关系,具体来讲,《大清律例》有治罪明文时,夫妻相犯案件基本上严格援引律条,少数引用条例,即以律为主,以例为辅,个别情况下,以例改律、以例废律、以新例破旧例等。

The analysis of the law applied when crime committed between husband and wife in Qing Dynasty, has to examine the actual operation of the Qing Code and the relationship between law and cases. Specifically, where the ＂Qing Code＂ has expressly stipulated, the case has to be based on rules strictly, with a few references to cases. Under few circumstances, to change the rules, replace the rules by case, as well as to establish new cases to replace the old ones would also be situable.