晚清“淫伶”案中的华洋交涉与集团竞争——以李春来案为中心

Diplomatic Negotiation and Competition Between Groups in the Case of Yinling in Late Qing Dynasty——Centered on the Case of Li Chunlai

庚子以后,上海报刊上出现了大量"淫伶"奸拐绅妾案的报道。李春来案是其中影响力最大的一宗,此案由广肇公所出面公诉,且几度引发中外交涉。还原案件始末发现,对李春来的指控实属蓄意构陷,久已存在的严惩淫伶舆论是该案被以虚做实的重要推力。晚清上海频发的"淫伶"案本质并非奸案,而是其他社会群体对伶人的污名化,是社会内部冲突与竞争的表现。伶人实际身份地位的变动与近代集团力量的兴起导致了这种竞争,典型体现在与工商学等界相提并论的"伶界"一词的诞生。伶人积极应对"淫伶"案,包括聘请洋律师,利用租界权力格局引来西人干涉等措施,也说明该群体已不再处于清代法律制度中安排下的被支配地位。

There were a lot of news of cases of yinling('淫伶',debauchery actor)in Shanghai newspapers after 1900.The case of Li Chunlai was one of the most influential,for Li Chunlai was accused by the guild of Cantonese,and several Sino-foreign diplomatic issues were triggered during the trial of the case.However,many doubts point to the fact that the charge against Li Chunlai was actually premeditated.Public opinion that yinling should be severely punished led to Li Chunlai being sentenced.Cases of yinling which frequently occurred in Shanghai were essentially not adultery.They were the stigma of other social groups on actors,which reflected internal conflicts and fierce competition in the process of the rise of modern group.The competition originated from the change of the status of the actors,which was typically embodied in the birth of the term lingjie('伶界',theatrical circles).From the strategies adopted by the actors to deal with the cases,including hiring foreign lawyers,taking advantage of the special power structure in the International Settlement.It can also indicated that the actors were no longer politically and legally dominated.