清代州县审判中对讼师的禁制及原因分析

The Analysis of the Inhibition and Causes During the Chou and Hsien's Justice in the Qing Dynasty

讼师是清代社会中非常活跃的群体,而在司法审判的各个阶段中,州县官员通过具体的事例总结经验,使禁制讼师不仅仅是律例的规定,也是鲜活而有效的方法与规律,并随着讼师手段的变化而不断发展。清代的州县官员禁制讼师思想的原因除对正统思想的认同与遵行外,也是为自身政治利益的考虑。

Pettifoggers are highly active groups in the Qing Dynasty. In every phase of the trials, according to the officials＇ experiences of the Chou and Hsien, the inhibition of pettifoggers is not only routine rules but also alive and efficient methods, which developed unceasingly with the changes of pettifoggers＇ means. Besides the obedience and identification with the legitimate thought, the reason of the inhibition is the consider of the officials＇ own political benefits.