试析大清律中例的地位和作用

清代律例合编的法典编纂形式和“有例不用律”的明确规定，使得清例的法律地位大大提高、律的法律地位大为降低。律例合编一度协调了律例矛盾，例对于律的补充、修改、废止作用也曾适应了统治的需要。但是，由于例多为一人一事而设，为贪官污吏徇私枉法留下了很大的空间，导致吏治腐败，加速了清朝的灭亡。

Analysis of the Status and Effect of the Decrees in the Code of the Qing Dynasty

The compiling form of the Code of Qing Dynasty in which the laws and decrees are combined together and the clear stipulation that the law shall not be applied if similar decree exits has greatly heightened the legal status of the decrees of Qing Dynasty and lowered that of the laws. The combination compiling of the laws and decrees has mediated the contradictions between the laws and decrees so as to suit the needs of rule,but at the same time,the application of the stipulation that the law shall not be applied if similar decree exits has undermined the stability and unity of the laws of the Qing Dynasty. Moreover,the increase of decrees,the uncompromising between decrees and laws, and also between decrees themselves, has provided opportunities to corruptible officials to bend the laws for the benefit of their relatives and friends and thus accelerated the destruction of the Qing Dynasty.