从包公案小说看明代市井社会法律观

서지정보

· 발행기관 : 부산대학교 중국전략연구소
· 수록지 정보 : Journal of China Studies / 4호 / 236 ~ 263페이지
· 저자명 : 钱锦

초록

I researched and analyzed senses and conceptions of law in Ming dynasty street society by researching ‘Baijiagongan(百家公案)’ and ‘Longtugongan(龍圖公案)’.
It is to be found that Judge Bao’s lawsuit novels extremely influenced and reflect the street society’s viewpoint of law in that time, which was deeply related to ‘morality-law unity(禮法合一)’.
According to Judge Bao’s lawsuit novels, we can figure out the relation between morality and law of that time. Even more, these facts lead us to understand how the real lawsuit had been processed by Judge Bao, at the same time, those things include some specific connotations like below;
At first, this shows the truth that only the absolutely honest government official can judge the justice, the lawsuit. In other words, it is needed for judges to have morals to perform the law. Secondly, the judge has to depend on his human heart and principles of law. That is to say, when it comes to execute a certain lawsuit, he must strictly be based upon the law itself and punish them and also he must carefully consider human hearts.
It is the law which makes government to rule the country effectively and maneuver the conflicts between small societies to be solved and standardize every people in the country and after all, this is the view of national insights. For the people of country, the law is a method and a way to relieve personal unfairness and problems. And the law is the fastest and the best way to make this possible to punish evil things and to revenge malice.
Based on these thoughts, Judge Bao, in lawsuit novels, strictly punish the bad people and even he sometimes can not help but to violate general processes to achieve the goal to penalty the wrongdoers.

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