汪辉祖是清代颇有影响的名幕良吏,他的著述是研究清代司法实践与司法观念的重要资料。文章通过对《佐治药言》《学治臆说》等材料的分析,认为汪辉祖的司法实践是秉承中国古代情理法司法观,并具有一贯的保守特征,这一观念在息讼、慎刑、贵民等方面都有体现。由于中国传统社会制度定型后逐渐向精密化发展,司法制度作为传统制度的组成部分,在基本思想上具有一贯性。当然,封建社会后期的司法腐败证实只靠“尽心”、“立品”、“勤事”这些道德自律并不能从根本上解决司法中存在的问题。研究汪辉祖的司法观,有助于我们思考完善当代司法制度。 Wang Huizu was an influential actress in the Qing Dynasty. His writings are important materials for studying judicial practice and judicial concepts in the Qing Dynasty. Through the analysis of materials such as “Zuo Zhiyan” and “Learning and Curing Theory”, the article holds that Wang Hui-zu’s judicial practice is adhering to the ancient Chinese judiciary concept of fair and reasonable law and has always been conservative. This concept is widely used in litigation, Guimin and other aspects have embodied. Due to the gradual development of the traditional social system in China, the judicial system as an integral part of the traditional system is consistent in its basic ideology. Of course, the judicial corruption in the late feudal society confirmed that the moral self-regulation of “dedication”, “establishment” and “diligence” can not fundamentally solve the existing problems in the administration of justice. Studying Wang Huizu’s judicial concept helps us to think and improve the contemporary judicial system.