清代讼师贪利形象的多重建构
尤陈俊清代讼师贪利形象的多重建构
Construction of Image of Greedy lawyers in the Qing Dynasty
期刊名称：《法学研究》
期刊年份：
作者：尤陈俊
单位：中国人民大学法学院
中文关键词：健讼;讼师;包揽词讼;写状费用
英文关键词：litigiousness;lawyer;champerty;fee for writing complaint
中文摘要：
清代官员们在向民众宣扬讼师之恶时, 往往极力强调其贪婪成性的逐利特点。这种贪利讼师的形象刻画, 可以在一些真实案例中找到原型, 并在一些文学作品中被放大。将官代书的收费情况和一些实际案例中讼师所收的写状费用进行对比, 可以发现其中的讼师收费通常要远超官代书的规定收费标准和实际所收报酬。但是, 这并不意味着讼师收费皆是高不可攀, 因为除了那些精擅此道而引起官府注意乃至被查拿严惩的讼师外, 还有一些为人代写词状的下层识字人士其实只收取较低的酬劳, 而后一种情形通常不容易在史料中得到具体记载。清代官方借助于对“贪利讼师”这一模式化形象的塑造和宣扬, 来对民间助讼之人进行整体污名化, 试图以此警示民众要远离这一“危险”群体, 从而避免更多的诉讼案件被催生出来, 以减轻区域性诉讼社会之背景下日趋严峻的压力。
英文摘要：
Greed was usually the most emphasized characteristic of lawyers when officials in the Qing Dynasty publicized the evil of them among ordinary people. We can find in certain actual cases the prototype of such greedy image, which was then amplified by a number of literary works. If we compare the fees of writing complaint charged by Guandaishu with the fees charged for the same kind of service by lawyers in certain actual cases, we can see that the fees charged by lawyers were usually far higher than both the prescribed fee standards of and the fees actually charged by Guandaishu. However, this does not mean that the fees charged by every lawyer were certainly unaffordable for most ordinary people, because besides those professional lawyers, there were also many lower class literati who only acted as lawyers occasionally and charged lower fees for writing complaint. To avoid more lawsuits being produced by lawyers and reduce the pressure from a litigious society, officials in the Qing Dynasty stigmatized as a whole this group of persons who provided help in litigation and warned ordinary people to stay away from such dangerous group through the construction and publicity of a stereotyped greedy image of lawyers.
全文阅读： 点击下载
