浅议讼学传播对明清地方司法的潜在挑战

The Potential Challenges of the Popularization of the Litigation Knowledge to the Local Judiciary of the Ming and Qing Dynasties

以讼师秘本为主要载体的明清讼学,不仅是我国古代法学的重要分支,而且是民间百姓法律知识形成的重要途径。明清讼学给民众传播他们所需要的法律知识,给他们传授了诉讼技巧,锻炼了他们的诉讼技能,提升了他们的诉讼水平,对封建司法专制制度提出了挑战,大大抑制了地方官吏的武断审判,引起了各级官吏和司法衙门的高度关注和焦虑,在一定程度上促使了地方官吏更加谨慎处理民众的诉讼诉求。

The litigation science of the Ming and Qing Dynasties, which was in possession of litigation masters in the form of secret books, was not only an important branch of Chinese ancient law, but also the major source for the people to learn. It disseminated the litigation knowledge and litigation skills to the people and improved their litigation level. With the help of the litigation masters, the people challenged the feudal autocratic system of judicial system and arbitrary trial, which caused the great attention of the local officials and judicial departments. Because the people knew some litigation knowledge and could get help from Litigation masters, the government officials and judges had to exercise their power more carefully.