明清时期,无论是像“欠债还钱”和“杀人偿命”这样的天理,还是像“找价”和“蹊田夺牛”这样的普通规则,都体现出利益平衡的共有原则。利益平衡的原则不仅能够将人身利益与财产利益沟通,而且还显示出细故案的处理原则与命盗案并无二致,不同种类的规则在利益平衡的共有原则之下得以统一。因此,以往研究中对中国古代法规则性因素的忽视和否定两种倾向都应该加以修正。 During the Ming and Qing Dynasties, both ordinary principles such as “debt and money” and “killing and killing people”, or ordinary rules like “finding a price” and “getting a cow” The common principle of the balance of interests. The principle of the balance of interests can not only communicate personal interests with the interests of property, but also show that the principle of handling an accidental case is the same as that of a life-threatening case. Different kinds of rules are unified under the principle of common interests. Therefore, the negligence and negation tendency of the ancient Chinese law in the past research should be amended.