新中国成立后的法律主要是靠移植西方法律并自我创新而形成的,对奴隶刑法、封建刑法等并没有通过扬弃的方式以使之精华部分留存。本文通过选取封建刑法中奸非罪规定的条款,分析其所蕴含的封建刑法的思想和原则,再比较现行刑法的相关规定,以从中得出稍许启示和借鉴。 After the founding of New China, the law was mainly formed by transplanting Western law and self-innovation. The slave criminal law and the feudal criminal law were not abandoned by sublation to keep the essence of the law. This article chooses the provisions of feudal criminal law in feudal criminal law, analyzes the thoughts and principles of feudal criminal law contained in it, and then compares the relevant provisions of the current criminal law so as to draw a little inspiration and reference.