论子孙“违犯教令＂罪对亲属问人身侵害的启示

子孙“违犯教令”罪，据载为曹魏以来旧例，其法律条文现在已经失传，真正开始见诸律文的是《唐律疏义》，之后宋元明清的法律中一直都有规定，只是在范围和量刑上略有不同而已。子孙“违犯教令”罪在明清之际有不断严格化的趋势，然而在清末法律改革的时候，子孙“违犯教令”罪被彻底废除了。法治的成长要从历史传统中汲取养分，依血缘的尊卑长幼而制刑是错误的，然而完全忽视亲情伦理的法制改革也是不适宜的。

On the Enlightenment of Personal Infringement between Relatives by the Descendants＇ Crime of ＂Violating Decrees＂

According to the record,the descendants~ crime of ＂violating decrees＂ was an old prac- tice dating back to the Wei Dynasty,whose legal articles have been lost at present. The related le- gal documents that we can really begin to read appeared in the Law of theTang Dynasty,and also existed in the laws of the following dynasties such as the Song,Yuan,Ming and Qing Dynasty,in which they were kind of different in scope and the measurement of penalty. The descendants~ crime of ＂violating decrees＂ had the tendency to be increasingly strict between the Ming Dynasty and the Qing Dynasty while it was totally abolished when the law reform was carried out at the end of the Qing Dynasty. The progress of government by law needs to derive the nutrients from historic tradition. It is wrong to make the punishment depending on the different status and ages of consangunity. However,it is also not appropriate to totally ignore the legal meaning of the eth- ics and affection between family members.