作家、编辑、批评家因写或编作品而走上法庭的诉讼案,新时期以来已发生多起。文学与法律之间呈现出一种以往未见的复杂关系。这种以法律来处理文学争端和文学引发的问题,已成为新时期文坛一道沉重的风景线,并将不少名人卷入其间。文学争论和创作是非以法律方式解决,文人走上法庭,在中国到底是一种进步还是退步?到底是必要还是不必要?从目前所显示的情况来看,文坛中的大多数或说绝大多数的人是不赞成文学走入法庭的。他们认为以法律的审判方式来处理文学纠纷和写作问题,是方枘圆凿。不难发现,不少文坛官司,多是被迫打起的,是无法“私了”和调解无效后的 Writers, editors, critics of writing or editing works and came to court litigation, the new period has occurred more than one. Between literature and law presents a complex relationship not seen in the past. This law to deal with the problems caused by literary disputes and literature has become a heavy landscape in the literary world in the new era, and many celebrities are involved. Literary controversy and creation are not legal solutions, the literati onto the court in China in the end is a kind of progress or regress? In the end is necessary or unnecessary? From the present situation shows that the majority of the literary or the vast Most people are not in favor of literature into court. They think that the issue of literary disputes and writing should be dealt with in a legal trial. It is not hard to find out that quite a few literary magistrates are mostly forced to fight because they can not be “privately owned” and conciliation is invalid