通过刑科题本中所载之九卿定议题本,分析“九卿会审”与“九卿定议”的区别。指出九卿定议为清代命案审转具题中的特别司法程序,适用于有法外量刑情节的服制命案。因九卿定议之案可能上升为条例,故九卿定议有准立法性质。清代的三法司核拟、九卿定议和皇帝钦定构成完整的司法体系。 Through the textbook of nine subjects set out in the criminal textbook, the analysis of “Jiuqing Council ” and “Jiuqing Dingyi ” difference. It is pointed out that Jiu-qing is the special judicial procedure in the subject-matter handling in Qing Dynasty. Jiu-Ching’s verdict may rise as a result of the Ordinance, so Jiu-Ching decides that there is a quasi- legislative nature. In the Qing Dynasty, the three legal divisions were proposed to be written and the agreement between Jiqing and the emperor to form a complete judicial system.