CAJ | 학술논문

学界通常认为唐代以降的法律发展是礼法融合的过程，强调礼法的一致性而忽视二者之间存在的矛盾和冲突。集中体现在帝国的晚期：清代礼制高度发展，州县官仪卫制度化、使用日常化。造成的结果是强化了官民差别，促成了官民壁垒，司法面临诸多困境。最终司法模式改变，司法走向腐败、黑暗。其深层次原因既包括清代礼制背离礼的基本精神，和法发生冲突，也包括礼和法本质的矛盾。
학계통상인위당대이강적법률발전시례법융합적과정，강조례법적일치성이홀시이자지간존재적모순화충돌。집중체현재제국적만기：청대례제고도발전，주현관의위제도화、사용일상화。조성적결과시강화료관민차별，촉성료관민벽루，사법면림제다곤경。최종사법모식개변，사법주향부패、흑암。기심층차원인기포괄청대례제배리례적기본정신，화법발생충돌，야포괄례화법본질적모순。
The law academic circles usually think that since Tang dynasty the legal development is the course of combination of etiquette and law, which emphasizes on the consistency of the two but ignores the contradiction and conflict between them. It came up mainly in the late Qing dynasty. The etiquette was highly developed, the ceremony system of the magistrates was institu-tionalizational and used daily. But the result strengthened the gap between the government and the people and contributed to cause the barriers between officials and people. At the same time, judicial faced many difficulties. At last the judicial forms changed and judicial corruption appeared, becoming worse and worse. Its deep reason not only includes the basic spirit of Qing dynasty ritual contradiction and conflict against laws, including the nature contradiction between etiquette and law.