中国古代从唐朝开始制订关于“化外人”法律条文,唐律中规定“诸化外人,同类自相犯者,各依本俗法;异类相犯者,以法律论。”宋律全盘继承唐律,元律基本精神相同,但明律则改为“凡化外人犯罪者,并依律拟断。”从律法上来说,这是原则上的重大变化。本文着重于探讨明律“化外人”条修改的原因和对三类不同“化外人”不同的执行情况。 In ancient China, it started from the Tang Dynasty to formulate the legal provisions on “alienating outsiders”. The Tang law stipulates that “all kinds of outsiders and offenders who commit crimes of their own accord should follow the law of the vulgar.” In the meantime, the law of the Tang dynasty was inherited from the Tang dynasty and the basic spirit of the law was the same, but the law of the Ming dynasty was changed to “all perpetrators of crimes committed by outsiders and according to the law.” “From a legal point of view, this is a major change in principle. This article focuses on the reasons for the modification of the Ming Law and the ”outsiders“ and the different implementation of the three types of ”outsiders".