杀人是一项古老的罪名。东西各国刑法，自古就有关于杀人为罪的规定。但是杀一家人，特别是“杀一家三人”成为一项独立的罪名，核之古今各国刑法，却是绝无仅有的。据考证，杀一家三人罪至迟在汉代已经入律。自汉以后，两千多年来，历朝历代的律典无不保持这一罪名。可以毫不夸张地说，“杀一家三人”罪是世界刑法史上最为独特的一项罪名，抑或说是中国固有刑法中最具特色的一项罪名，因此该罪也就构成了我们探询中国固有刑法精神的关键锁钥。通过对这一传统罪名的探究，我们也可以进而理解和把握中国文化的真精神、真价值之所在。 在唐律中，“杀一家三人律”被规定在“贼盗”门中，同时位列“不道”，之后历代法典均沿袭了此规定。清代“杀一家三人”立法呈扩张趋势，“杀一家三人律”的律文发生了很大变化，主要体现在四个方面：“家”范围的扩大，清律将奴婢、雇工人列入到了所杀“一家”的范围内；“所杀之状”的限制，清律将“杀一家三人律”的“所杀之状”限定为“谋杀、故杀、放火行盗而杀”；“非死罪”的确指，“非死罪”即非真犯死罪；处罚的加重，清承明律将犯“杀一家三人”罪的首犯处以凌迟，并断付财产，流放妻、子。清代在“杀一家三人律”下纂定了诸多条例，以“一家多人”为犯罪客体，建立了相对完善的“杀一家多人”立法体系。清代“杀一家多人”立法，区别了特殊身份，包括与服制有关的“杀一家多人”例、有关奴仆和雇工人的“杀一家多人”例，从这些规定中可以窥见清代的人情法理之变。 中国传统法律宗儒家，儒家文化以“家”为本位，“家”在中国传统法中占据着重要地位，是一个可以被大书特书的课题。“杀一家多人”立法是对“家”的特殊保护，它不仅在客观上保护了“家”内个体生命的安全以及“家”的完整性，更重要的是其维护了“家”的伦理价值。中国社会虽几经变迁，但“家”在国人心中依然至关重要，个人与“家”的联系仍旧紧密。近年来，“杀一家多人”案及灭门案的频发，严重挑战了国人的伦理底线，造成了恶劣的社会影响。以史为鉴，对清代“杀一家多人”立法及司法的研究，可为当代“杀一家多人”案、灭门案的处理提供借鉴意义。

Killing people is an ancient crime. Both east an west, killing is a crime since ancient times. Only in China, Killing a family, especially the killing of a family of three people is a separate charges. According to research, there is a provision of the killing of a family of three people in Han dynasty at latest, which was inherited down to the later dynasties. It is no exaggeration to say that the killing of a family of three people is a unique charges in the history of China and the world. It is a key to inquired about the inherent spirit of criminal law. According to the research, we can know the spirit and value of the Chinese culture. In the code of Tang dynasty, we can find the killing of a family of three people in Zei Dao and Bu Dao. The legislation of the killing of a family of three people expanded, mainly in four aspects. First, the confines of family enlarged, which included the servant and the hired servant. Second, the way to kill was limited. Third, the meaning of Fei Si Zui was clear. Four, the penalty was enhanced. There are many ordinances of the killing of a family of three people. As the object of crime of the killing of a family, there is a relatively perfect legislation system of the killing of a family, which involved the special identity such as Wu Fu, the master and servant relationship. From the changes of the law, we can know the legal principle and human nature of Qing dynasty. The Chinese tradition law is based on Confucian culture. And Confucian culture is based on family. The legislation of the killing of a family is a special protection to a family. Although there are many changes of the society, the family is still important to Chinese people, the relationship between the individuality and family is also intimate. In recent years, the crime of killing a family has been happening frequently. There are many innocent families has been murdered. Because of the occurrence of such cases, the ethical bottom line was hurt, and the serious social impact was caused. The research of the legislation of the killing of a family could provide a reference for contemporary.