传承与利用:中国传统呈状文化的时代价值研究

Inheritance and Utilization:Research on the Contemporary Value of Traditional Chinese Petition Culture

作为我国传统讼学的重要载体,讼师呈状一直流传于乡野并成为民众学习律法常识的重要依托,呈现出丰富的内涵和广泛的应用价值。以讼师及呈状作为切入点,对史料中呈现的古代讼师书写的呈状或片段进行搜集、整理、消化,试图对呈状的引入司法的程序法价值、降低案件错判率及提升审判效率实体法价值,提升伦理水平承流宣化的文化价值进行挖掘,以期找出契合当今时代价值、能为当世所借鉴的元素。

As an important carrier of traditional legal science,the culture of legal petitions has always been prevalent in rural areas and has served as a crucial resource for the public to learn about legal knowledge.This aims to collect,organize,and analyze the petitions or excerpts written by ancient lawyers as presented in historical records.By doing so,we seek to explore the value of the petition system in terms of its procedure law,the reduction of case misjudgment,the enhancement of trial efficiency,and the promotion of ethical standards,with the expectation of finding elements that are in line with contemporary values and can be utilized in modern times.