在形式上,清代刑案审理严格依法进行,但“情理”因素在“刑案”审理中仍发挥着一定作用。“情”、“理”、“法”三者所代表的不同“情理价值”往往成为审判者作出最终裁决的重要依据。审判者在努力调和三者关系的同时,也往往习惯于先由情理出发对刑罚作出预期,再向律例寻求相关法条作为依据。 In form, the handling of criminal cases in the Qing Dynasty was strictly conducted according to law, but the factor of “reason” still played a certain role in the trial of criminal cases. “Emotions ”, “Reason ”, “Law ” represent the different “Emotional Value ” often becomes the important basis for the judgment of the judge to make the final ruling. While trying to reconcile the three relations, the trial judge is also often accustomed to first making an excuse to the penalty based on his reasoning, and then to seeking the relevant laws and regulations as the basis for the law.