略论明代的律、令、诰、例

On the Law,the Ling,the Gao and the Li of the Ming Dynasty

明代法律多样,律始终占据法源主导地位,令、诰、例在明代不同的时期分别起着不同的作用,与律相辅相成,弥补律之缺位,强化律之功能。明代并不具备产生判例法的充分条件,明例的修定与判例法也毫无相似之处,而是成文法的制定。

There were more than one legal form in the Ming Dynasty.The Law always held a dominant role in the legal source,and the Ling,the Gao and the Li,which supplemented each other with the Law,not only fetched up the lack ot the Law,but also intensified the function of the Law.They had the varied functions in different periods of the Ming Dynasty.There was no sufficient condition to constitute the case law absolutely,so the constitution of Ming Li was a process to form the statute law,which differed from that of the case law at all.