近代以来,学术界特别是法律史学界对中国古代礼法关系进行了广泛而深入的讨论,取得了很多学术成果。但一个值得注意的事实是,学者们对礼法关系的研究大都局限于礼律关系的探讨。这显然和我们对中国传统法律的概念的理解有关。也就是说,多数学者往往把“律”理解为中国古代法的唯一形式,而且常常就是指刑法,因而古代的礼法关系当然也就等于礼律关系了。其实,中国古代的“律”除了在秦汉时期 Since the modern times, academics, especially the legal historians, have conducted extensive and in-depth discussions on the relationship between ancient Chinese courtesy and rites and have made many academic achievements. However, a noteworthy fact is that most scholars’ study of the relationship between etiquette and law is limited to the discussion of the relationship between etiquette and ritual. This is clearly related to our understanding of the concept of Chinese traditional law. In other words, most scholars tend to interpret “law ” as the only form of ancient Chinese law, and often refers to the criminal law, so the relationship between ancient law and ritual also is equal to the law relationship. In fact, in ancient China, “law” except in the Qin and Han dynasties