Tui-lei Method and Civil Norms in the Judicial Practice of Qing Dynasty

It is an inner demand of judicial harmony to introduce civil norms into judicial practice.Based on a comparison of traditional Tui-lei method and analogical reasoning,this article studies the judicial practice of Qing Dynasty by which the judges incorporate through the Tui-lei method civil norms into the legal system to fill up the legal pigeonholes.We argue that judges should make use of the merits of the Tui-lei method in the process of introducing civil norms to fill up the legal leaks.Only in this way could the judges make up the leaks,enhance the justice and persuasion of the verdicts.This way,the legal effect and the social effect of a ruling will be integrated and eventually judicial harmony will be achieved.