明清讼师秘本制作的经验与素材

Experience and Source Materials of Drawing up the Treasured Private Copies of Law Practitioner in the Ming and Qing Dynasty

作为我国传统讼学的主要载体,讼师秘本虽然被官方定性为教唆词讼、败坏心术的读物而遭到严禁,但它们一直潜藏在民间并成为民众普及法律知识的重要途径,体现出顽强的生命力和实用价值。而讼师秘本的制作,也是凝聚诉讼经验技巧、案例素材和各种智术的创作过程,且其诉讼技巧和辩驳案例并不像官方指责的那样完全是哗众取宠和空穴来风,而是根植于当时的诉讼实践,是经验和素材的总结、提炼与升华。

As the main cartier of traditional Procedure of China, the treasured private copies of law practitioner were defined as instigation and bad reading matter by the authority, but they were hidden among the people all along, and become the important way of people＇ popularizing - law education, embodied indomitable vitality and practical value. Drawing up the treasured private copies of law practitioner condensed experience and technique of procedure, source materials of cases and all kinds of trickeries, the technique of procedure and cases didn＇t play the gallery, and there were not something behind this, they were summary, abstract and distillation of experience and source materials based on procedure practice at that time.