经义折狱中律令与儒家经典之关系
The Relationship between Law and Confucian Classics When Judging Cases by Quoting Confucian Classics

汉代在法治上基本承袭秦制，律令科比的系统性法律体系得以建立，因此在一定程度上为后代法典的编撰奠定了基础，即“历代之律，皆以汉《九章》为宗”。但是在汉代特殊的历史背景之下，儒家经典的兴起与繁荣对律令造成了冲击，律令的地位受到动摇。儒家经典与律令逐渐成为了汉代法治的两大支柱，故儒家经典与律令之间的关系值得探讨。儒家经典是儒家思想的物质载体，律令是以法家精神为指导的统治工具，两者之间存在分歧，尤其是在经义折狱的案件中如何看待儒家经典与律令的关系就显得尤为重要。
The Han Dynasty basically inherited the Qin system in the rule of law, and the systematic legal system of the laws was established. Therefore, it laid the foundation for the compilation of the later laws to a certain extent. That is, “the laws of the ancient dynasties are all based on the Jiuzhang of the Han Dynasty”. However, under the special historical background of the Han Dynasty, the rise and prosperity of the Confucian classics had an impact on the laws, and the status of the laws was shaken. The Confucian classics and the laws gradually became the two pillars of the rule of law in the Han Dynasty, so the relationship between the Confucian classics and the laws is worth discussing. The Confucian classics are the material carrier of Confucianism, the laws are the ruling tools guided by the spirit of legalism. There are differences between the two, especially when judging cases by quoting Confucian classics. It is particularly important to how to treat the relationship between the Confucian classics and the laws.