类推是一个宽广且难以界定的概念。通常它指的是:某一行为,现行刑律无明文规定,为将行为者入罪并做出判决,乃适用与该行为最相似之条款。事实上,这与清代的情况不尽相同:比照或比引(两者皆被译为“类推于”)的主要作用是针对个案的特殊情节,试图给予最适当的刑罚,很少被用于设立新罪。博德(Bodde)和莫里斯(Morris)教授在其新作《中华帝国的法律》(坎 Analogy is a broad and hard-to-define concept. Usually it refers to: a certain act, the current criminal law no clear provisions, in order to convict the player and make a judgment, the most similar terms apply to the act. In fact, this is different from the situation in the Qing Dynasty: the main function of comparison or comparison (both are translated as “analogy to ”) is to try to give the most appropriate penalty for the particular circumstances of the case and rarely Used to establish a new sin. In his new book, “The Law of the Chinese Empire,” by Bodde and Morris,