卑贱的身体表演:清代对优伶阶层的法律规制

Inferior Physical Performance:the Legal Regulations of Actors in the Qing Dynasty

清代是传统中国对优伶阶层进行最为严密法律规制的朝代。这种规制建立在对该阶层"贱民"的法律定性基础上,乃通过"人以役贱"推衍而成并有其根源。这种法律规制主要分为身份性和职业性两大方面。前者主要体现在对优伶法律责任、婚姻关系、政治权利、服饰制度上的诸种不平等规制;后者主要体现为对优伶从业、表演题材、演出时间、声腔剧种上的诸种禁限性规制。这些法律规制虽实效不一,但推动着整个社会对优伶阶层持歧视立场。清代对优伶阶层的法律规制,虽是一个呈反面意义的样本,但也为今天提供了某种别样的警示和镜鉴。

In the Qing Dynasty the strictest legal regulations in the ancient China were implemented on the strata of actors, which were based on their legal identity of ＂people of the lowest social strata＂ deriving from the idea that ＂a man who serves is cheap＂. These legal regulations mainly consist of two parts： status and profession. The former part involves unequal regulations in legal responsibilities, marriage, political rights, dress code; the latter includes restrictions on employment, subject matter, time of performance and va- riety. Those legal regulations promote the social discrimination against actors. The legal regulations in the Qing Dynasty, although a negative sample, provide unique warning and reference for today.