司法审判是清代地方官吏的一项重要职能,其判决依据是多方面的,通常主要为国家成文法即大清律例,以及儒家传统思想、民间习俗和民众的习惯、人情等,即概之为法、理、情。但是在实际运作过程中,各项依据所占比例是不同的,本文通过对赵吉士《牧爱堂》中家庭纠纷案件的分析,发现地方官吏在案件判决时,以国家成文法为依据,先判断其是非对错,在此基础上,参考情理原则和民事习惯,以达到情理法的平衡,从而在司法审判上尽力做到公平。 Judicial adjudication is an important function of local officials in Qing Dynasty. The basis of their verdict is multifaceted. They are mainly mainly the statutory law of the State, the Confucian tradition, the customs of the people and the habits and customs of the people, that is to say, For law, reason, love. However, during the actual operation, the proportion of each basis is different. By analyzing the family disputes in Zhao Ji Shi’s “Mu Ai Tong”, this paper finds that local officials, based on the State’s written law, On the basis of this, we should make reference to the principle of reason and civil custom in order to achieve the balance of the law of reason and make every effort to be fair in judicial adjudication.