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在汉、魏、晋时期 ,故事与律、令、例、比、品式章程、制诏等法律的关系密切而复杂。故事通常是国家立法定制的一种经典依据 ,而法律适用中的事例往往又成为故事的一个主要来源。晋朝还曾将典型故事修定汇编 ,与律、令并行 ,作为一种重要的法律形式。关于故事与汉、魏、晋法律的关系 ,学界的认识颇有分歧 ,对于《唐六典》注和《晋书·刑法志》中相关内容应如何理解也值得探讨。因此 ,有必要运用史料辨别、分析故事与上述诸种法律形式之间的联系与区别 ,揭示其间的辩证关系。
In the Han, Wei and Jin dynasties, the relationship between the story and law, order, case ratio, product constitution, constitutional edict and other laws is closely and complicated. Stories are often a classic basis for the customization of national legislation, and examples of the application of law often become a major source of stories. The Jin dynasty also compiled and edited the typical stories and used it as an important legal form. As for the relationship between the story and the laws of Han, Wei and Jin, there are quite a lot of differences in the understanding of the academic circles. It is also worth discussing how to understand the relevant contents of “Tangliudian” and “Jin Shu · Criminal Law”. Therefore, it is necessary to use historical data to discern and analyze the relations and differences between the stories and various legal forms mentioned above to reveal the dialectical relationship between them.