论明代公案小说与律治之关系

On Relationship between Novels of Legal Cases in Ming Dynasty and Legal Governance

明代公案小说勃兴的社会原因之一是上层统治者注重律令在民间的传播。明代初年,统治者即规定律令须"小民周知",因此社会中律令讲读、学习、刊刻之风都十分兴盛。影响到公案小说,首先决定了它的基本内容和形式:内容上紧扣国家律令和百姓的司法实践,形式上"三词"俱全。其次,也决定了公案小说的兴衰走向:当小说与律令传播结合紧密时,其传播相对兴盛;当小说与现实法律需求疏远时,则传播低靡。

The rise of novels about complicated legal cases in Ming Dynasty owned partially to the rulers' emphasis on the spread of legal regulations among people in Ming Dynasty. In early Ming, the ruler regulated the legal regulations must 'be known by common people', therefore, there came the boom to read and lecture, to study, to carve the regulations. As far as the novels of complicated legal cases concerned, their basic content and forms were determined: in content closely related to the state law and legitimate practice of common people, in form complete in legal sequence. As far as the tendency of the novels concerned, the spread boomed when the novel was in close contact with the spread of the law, and declined when the novel deserted the actual law.