论秦汉的律与令

律令是中国古代重要的法律形式。自商鞅改法为律以来，国家颁布的法律形式主要是律。秦汉律既规范国家行政管理制度，又设定刑事惩罚制度。秦令是王或皇帝的指示。在本质上属最高行政命令。汉代的诏即相当于秦代的令，而汉令这种法律形式的形成需要经过法定的程序。汉初国家将令分为甲、乙、丙三类，《令甲》的内容为国家行政管理制度与刑制规范，《令乙》的内容主要是对官吏行为的规范，《令丙》的内容包括讯系程序和对平民这类主体违法行为的规范。魏晋以后律令两种法律形式所规范的范围和作用才彻底分开。

On Rules and Orders in the Qin and Han Dynasties

Rules and Orders are important forms of laws in ancient China. Since the Law Reform by Shangyang, laws issued by the state mainly appear in the form of Rules. Rules in Qin Dynasty and Han Dynasty not only standardized the state administrative management system, but also prescribed the criminal penalty system. Orders in Qin Dynasty represented the dictation of the kings or emperors and are in essence the supreme administrative commands. Decrees in Han Dynasty resemble Orders in Qin Dynasty, while the formation of Orders in Han Dynasty requires certain legal procedures. Orders in early Han Dynasty are classified into three grades: A, B, and C. Order A prescribes the national administrative management system and criminal penalty system; Order B focuses on the standards of the behaviors of the officials; Order C consists of inquest procedures and standards for the illegal behaviors of civilians. When New Rule by Cao Wei Dynasty was confirmed as the national criminal penalty law, Rules that prescribed the national administrative management system was no longer called Rules. Instead, together with Orders that prescribes national management system, they were called Orders. It was until after Wei Jin Dynasty that the two forms of law--Rules and Orders were clearly detached of the ranges and functions of their own.