清代后期上控案件的信息传播与舆论构建

Dissemination and Publicity about Litigations in the Late Qing Dynasty

现有研究认为,明、清时期常有诉讼当事人主动传播诉讼信息、寻求舆论支持,甚至希望借此影响审判之事.本文考察两起上控案件的信息传播与舆论构建过程后指出,清代后期不仅当事人会传播信息,审判者乃至未参与诉讼的人也会传播有关信息,甚至试图构建舆论.随着晚清新式报纸的勃兴,诉讼信息的传播益发活跃,在信息传播活动基础上形成的公众舆论,不仅会影响个案的审判结果,还波及后世对晚清政治、法律的认识与评价.

Previous studies on the dissemination and publicity for litigation during the late Qing period has indicated litigants usually disseminate information of suit to prepare public opinion for themselves,and there were more and more reports about Chinese legal system and litigation while newspapers be published in China.These reports have not only appealed to change legal system but also made the international opinion about Chinese legal system.Utilizing two cases happened in the late Qing period,the article arguments that even the information only be disseminated in the acquaintances,the public opinion will take sharp and influence some people’s decision.The information will disseminate by acquaintance web such as family,career,Gong-Ming,appeals and official dispatch.Except the litigants,the judges and the people has not involved in the litigation will disseminate the information about the litigation,even try to used publicity to influence public opinion.Although the public opinion about the case may be changed in after time,but the discuss about the case will influence the common sense of the future.