Comparison of quotations

Comparison of quotations

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When a case is decided and convicted, if a certain criminal act is not explicitly stipulated in the formal provisions of the law, it can be convicted and sentenced by referring to similar legal provisions and past precedents.

Idiom explanation

[idiom]: quotation and comparison [Pinyin]: y ǐ NL ǜ B ǐ f ù [interpretation]: ancient legal terms. By invoking laws and decrees, analogy conviction.

Idioms and allusions

[source]: "Ming Law · Ming Law · criminal law": "if the law and order are not reasonable, and if there is no right provision, the law should be quoted."

Word usage

[grammar]: used as an object or attribute; used in writing

Interpretation of words

The name of the criminal law. It is called "Bi" for short. According to the law of Ming and Qing Dynasty, if there is no proper provision in the law, the law should be quoted. If there is one article in the law, and there is a fear of inconsistency in the quotation, only the money suitable for the crime should be quoted. If one article only breaks one thing, it shall not be arbitrarily deleted, so that the crime is inconsistent. Therefore, at the end of the laws of the Qing Dynasty, there are also 30 rules for comparison and citation. At the same time, it is also stipulated that when quoting and comparing laws and regulations, they should be increased or decreased, and when formulating charges, they should be reported to their superiors. If there is no law that can be quoted and other articles are cited, the Ministry of punishment, together with the duchayuan and Dali temple, namely the three law departments, shall jointly agree on the charges, and state in the memorial that there is no positive article in the law. Now, we will refer to a certain law or a certain case, or add or subtract one grade according to a certain law or a certain case, and we are waiting for the order to comply with it. Only with the approval of the emperor can the judgment be made. If there is a discrepancy in the crime due to the judgment without going through the procedure of declaration and approval, it shall be considered as a mistake. If there is a positive provision in the statute, and the judge arbitrarily abridges it so that it does not conform to the circumstances and the crime, or deliberately commits a crime, and does not quote the positive provision or compare it with other provisions, so that it can be light or heavy, once found out, the court official will name the judge, and the scribe will strictly investigate and deal with it, and each of them will be punished according to the statute. If the law cited by the Ministry of punishment is not correct, Xudu Chayuan and Dali temple should find out the law and correct it by themselves. If it is not suitable to change the court or temple, the three magistrates will discuss it with each other. If the court or temple officials are confused or carelessly neglected, they will hand over the Ministry and temple officials to the Ministry.