清代最主要的刑事制定法《大清律例》含有近两千道条例,其中涉及回民犯罪的共计15道。这其中,又以确立了回民结伙3人以上持械犯罪原则的一道条例最为重要,其余14道条例,从某种程度上说,都是围绕着回民团伙犯罪展开的。自20世纪初以来,即有一些海内外学者针对清代回变多发的特点,认定清朝法律对于回民的歧视是导致回汉矛盾激化的重要原因之一。围绕前述涉及回民的条例做全面的分析考察,发现这些条例虽在某些情形下确较针对普通民众的同类犯罪惩罚为重,但适用范围极小,影响有限,不大可能引发大规模的反叛运动。考其立法目的,仍不过是一种“应急手段”而已,并非基于种族、宗教立场上的身份歧视;此与欧洲人基于先天遗传基因的种族歧视完全不同。 Qing Dynasty’s most important criminal law “Qing Dynasty law” contains nearly two thousand regulations, which involved a total of 15 Muslim crimes. Among these, it is most important to establish an ordinance on the principle of armed crimes committed by more than three people in the Muslim community. The remaining 14 ordinances are, to some extent, revolved around the criminal activities of the Muslim groups. Since the beginning of the 20th century, some scholars at home and abroad have considered that the Qing law’s discrimination against Muslims is one of the important reasons that led to the intensification of contradictions between Hui and Han. A comprehensive analysis of the aforementioned regulations concerning the Muslims reveals that although these ordinances are indeed heavier penalties for similar crimes against the ordinary people in some cases, their scope of application is rather limited and their impact is unlikely to trigger a massive rebellion movement. Its legislative purpose is still nothing more than an “emergency measure,” and it is not based on race or religious identity discrimination; it is completely different from Europeans’ genetic races based on genetic inheritance.