雅俗之间:清代竹枝词的法律文化解读

作为雅俗文化交融的产物,竹枝词可以成为研究法律文化的素材.清代竹枝词即对民间社会好讼或健讼的风气、乡民争讼的原因和技巧、衙役视诉讼为利薮的现象以及诉讼的危害进行了生动的刻画.其关注的法律问题的焦点,乃是帝国衙门的贪污腐败与乡野民众的诉讼风气.这两个问题构成了传统中国法律文化的基本问题,其中体现出来的思想和感情,也代表了传统中国法律文化的核心观点.

Elegance and Popularity:An investigation of the legal culture in zhuzhi poems in the Qing dynasty

As the products of the fusion of the elegant culture and popular culture,zhuzhi poems can serve as the important material for the study of legal culture.Zhuzhi poems in the Qing Dynasty vividly describe the atmosphere of litigiosity in the folk society,the reason and artifice in the civilian litigation,the phenomenon that yamen runners considered the litigation as the origin of profit,and the harmfulness of the litigation.They focus on the corruption of the empire court and the litigant atmosphere of the folks,both of which are the basic issues of Chinese traditional legal culture.The thinking and feeling expressed by the two issues also reflect the essential viewpoint of Chinese traditional legal culture.