摘    要

   “礼法合一”贯穿了中国数千年的法律史，其中“准五服以制罪”便是“礼法合一”的重要体现。它不仅在法律上维护尊卑等级秩序，而且也宣扬了敬老爱老、重视亲情的社会观念，有利于维护家庭和睦与社会稳定。但是随着人们社会观念的改变，人们开始质疑中华传统文化，“准五服以制罪”同其他许多传统文化一样，被当作封建糟粕而遭到摒弃。本文从这一法律制度的概念以及相关应用入手，分析其价值，认为该制度对于后世法律的发展仍然具有积极的借鉴意义，在利用该制度时应当扬长避短，继承其合理性，推动当今法制建设的发展。

目    录

一、引言 ···································································· 4

二、“准五服以制罪”的历史演变 ················································ 4

（一）“准五服以制罪”制度的概念 ········································· 4

（二）“准五服以制罪”的历史演变 ········································· 5

三、“准五服以制罪”制度的评价 ················································ 6

（一）“准五服以制罪”制度的积极评价········································ 6

1、维护了中国封建社会的和谐稳定 ········································ 6

2、促进古代农业社会生产力的健康发展 ···································· 7

3、对于后世的法律文化具有实用价值 ······································ 7

（二）“准五服以制罪”制度的消极评价 ······································· 7

四、“准五服以制罪”制度对后世的借鉴意义 ····································· 8

（一）亲属范围的定义 ···················································· 8

（二）亲属间的人身关系 ················································· 9

1、主观恶性 ····························································· 9

2、社会危害性 ··························································· 9

3、亲属间的人身犯罪难以防范 ············································· 10

（三）亲属间的财产关系 ·················································· 10

1、亲属间的财产界限不明确 ·············································· 10

2、主观恶性和社会危害性较小 ············································ 10

3、亲属一般不愿行为人受到法律追究 ······································ 10

（四）“准五服以制罪”适用的例外情况 ··································· 11

五、结语 ···································································· 11