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宋例是宋代重要的法律体系,是宋代政府处理事务的重要依据,由于其数量庞大,在适用中必然遇到同一事务,有数条类似的先例作为参考,那么采取其中哪一条作为依据,就需要一套行之有效的择用标准和原则,宋人择用先例的原则包括,第一,时间先后,即数条先例中,选择成例越早的一条。第二,适用次数,选择已往适用的次数最多的先例。第三,类比的近似程度,即选择与本次待决事务最为近似的一条先例。第四,综合判断先例适用于本次事务的合理程度,选择最为合理的一条。第五,宋人择用先例的过程实际上又是一个对例进行灵活变通修正的过程,有缺陷的例被修正,有效正确的例被保留固定,而宋例的这一现象也是宋代其他法律形式使用状况的缩影。
The Song example is an important legal system in the Song Dynasty and is an important basis for the Song government to deal with affairs. Because of its large number, it is inevitable that the Song Dynasty government will encounter the same issue in its application. There are a number of similar precedents for reference. Which one of them should be used as a basis? A set of effective standards and principles of choice, Song people use the precedent principles include, first, the time, that is, a few precedents, the earlier the choice of an example. Second, the number of applications, select the precedent that has been applied the most frequently. Third, the approximate degree of analogy is the selection of a precedent that most closely resembles this pending affair. Fourth, the comprehensive judgment precedent applies to the reasonable degree of this transaction, choose the most reasonable one. Fifth, the process of the Song people using the precedent is in fact a process of flexible modification of the examples. The defective examples are amended and the valid and correct examples are retained and fixed. The Song example is also the other laws of the Song Dynasty A microcosm of formal usage.