论古代判词的文学化倾向及其可能的效用

On the Literary Orientation of Ancient Court Verdict and its Possible Effectives

判词是中国古代司法机关审理案件的裁决判定书。从留传的历史资料看,中国古代许多判词写得文采飞扬、辞藻华丽,且引经据典,工整对仗,使得本应严肃的判词显得文法(理)兼容,词情并茂,充满了浓郁的文学色彩。这种现象固然受惠于中国古代法律制度的发达和唐代文风的浸润,但其直接动因还在于开科取仕制度对判词写作的重视。古代判词的文学化倾向使之成为一种文学题材得到后人的承继。回眸其历史文化内涵,对于我国当代司法文书制度的改革或许存在某些可能的效用,特别是对于借用中国本土资源促进法律与文学运动,不无借鉴意义。

Court verdict is the judgement verdict for the law cases of the ancient Chinese legislative organ. Historical data shows that many court verdicts in ancient China were written in rich colors and ornate terms citing neat classical and concise allusions. As a result, these court verdicts, which were supposed to be serious in style, appeared to be filled with literary colors of unity and coherence with accuracy of diction and rich personal expressions. Such phenomenon can be regarded as privileged by ancient Chinese law system and the literary style of the Tang Dynasty, but its direct motivation could be found in the stress of writing court verdicts in the system of selecting officials through imperial examination. The literary orientations of court verdicts have made them a genre of literary form to be inherited by the coming generations. In view of their historical, cultural connotations, they might be of some reference for the reformation of China＇ s contemporary legislative writing system, especially for the promotion of legal and literary movement through the utilization of China＇ s native resources.