浅议明清讼学对地方司法审判的双重影响  

The Dual Impact of the Litigation Knowledge on Local Judiciary Proceedings in the Ming and Qing Dynasties

作　　者：龚汝富[1] 

机构地区：[1]江西财经大学法学院,江西南昌330032

出　　处：《法律科学（西北政法大学学报）》2009年第2期30-39,共10页Science of Law：Journal of Northwest University of Political Science and Law

摘　　要：明清讼学传播,一方面使案件面貌越来越稀奇复杂,难以捉摸,官方稍有出入即可能铸成大错,给司法审判官吏带来极大的压力,另一方面民众在讼学熏陶之下,也越来越善于利用诉讼规则为自己谋求利益;虽然不能够与官方分庭抗礼,但对官吏独断专行无疑产生一种抑制力,并促使地方官吏在审判实践中更加审慎地分析处理讼事,在日益复杂的诉讼形势下不断完善诉讼规则,从而缓慢地矫治整个司法审判机制,从反面促进了传统司法制度的改革完善。ith the dissemination of the litigation knowledge of the Ming and Qing dynasties, on one hand, the cases had become more and more complex, unusual and elusive, and justice officials always felt much stressed for afraid of making blunders when they were slightly careless. On the other hand, people had become better at using the procedural rules to seek interests by themselves, which undoubtedly had had the suppression on the officials＇dictatorial power and promoted the authorities＇more careful analysis on the cases in the trial, even though the litigants could not be the rival to the official. As a result, rules of proceedings had been constantly improved in the increasingly complex situation, which adjusted the entire justice mechanisms gradually and advanced the feudal judicial system through the spreading of litigation knowledge.

关 键 词：讼学 讼师 教唆词讼 诉讼制度 

分 类 号：DF092[政治法律—法学理论]