宋代讼学与讼师的形成及其影响下的民间好讼风尚

宋代处于中国封建社会重要的变革与转型时期。随着私有商品经济的深入发展、财产流转关系的复杂化和社会成员之间经济利益的多元化,宋代法律的复杂化、理性化与形式化与汉唐相较则大为增加。因应民众对法律的广爱需求,宋代民间出现了教习词讼知识和诉讼技巧的讼学。与此同时,为当事人撰写词状、指点诉讼、收取诉讼费用、以法律为生的职业讼师群体亦纷纷登上宋代的司法舞台。在讼学和讼师直接影响下,宋代民间兴起了好讼风尚。讼学与讼师既是宋代民众对法律知识的客观需求与法律意识增强的重要体现,又是宋代法律制度近世化转型的重要标志,

On the Formation of Songxue and Songshi in Song Dynasty and Their influences on the Litigious Fashion among the People

There appeared an important reformation and transformation in Song Dynasty during feudal society in China. With the further development of the private commodity economy, the complication of property circulation and the diversity of economic interests among social members, laws in Song Dynasty became more complex, rational and formal than that in Han and Tang Dynasties. In response to the public demand for law, there was a nongovernmental Songxue, which taught the knowledge of legal cases and litigation skills. At the same time, there appeared a profes- sional Songshi in judicial area, which wrote the proceedings for litigants, guiding their legal action and charging in litigation practices. Under the direct influence of Songxue and Songshi, there appeared litigious fashion among the people in Song Dynasty. Songxue and Songshi were not only both the objective needs of the people learning legal knowledge and an important manifestation of enhanced law awareness, but also an important symbol of modem transformation of legal system.