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在宋代断例事实上是一种法源,经立法程序,将前案既创之例法律化,便可为以后的刑事案件提供断案标准。之所以可以前后比附,是因为断例所传承的是一种法律原则。断例与汉代的决事比相类似,得到宋人的认可,但是,只有在疑难的刑事案件中常法无正条时,才可以引用来断罪,作为常法的补充得到司法适用,从而具有法的性质和效力。
In fact, the case law in the Song Dynasty is a source of law. After the legislative procedure, the former case not only legalizes the case, but also provides the standard for case-determination for future criminal cases. The reason why you can attach before and after, because the case is inherited a legal principle. Similar to the resolution of the Han Dynasty, the case was approved by the Song people. However, only when the common law is not correct in difficult criminal cases can it be used as a reference to break the law and get the judicial application as a supplement to the normal law, The nature and effectiveness.