班房,又称班馆,是明末以后迄有清一代在国家正式的监狱之外由地方官吏非法设立的管押轻微未决人犯及干连人证的场所。所谓差馆、押馆、卡房、歇家、便民房、自新所、候质所、知过亭、支搁亭、中公所等等,均名异实同。笔者在通过对班馆概念的语言学分析和班馆现象的文本信息分析后,引入资源、实践与时空概念对班馆的结构化过程进行力所能及的探讨,与其说是将班馆作为实体加以把握,毋宁说是将班馆置于行为过程的关系网络之中加以审视,目的则在于采取新历史法学的路径勾勒“纸面法”与“活法”(或者说“显规则”与“潜规则”、“法律表述”与“法律实践”)之间的“转换规则”,将帝国的法律和法律的帝国视为多元的同一,认为班馆实质上是一种资源/博弈/空间关系。 Bancong, also known as the banqueting hall, is the place where, after the Ming and Qing Dynasties, the Qing Dynasty was illegally established by local officials beyond the formal jail of the state in charge of detaining the lightly-held offenders and cadres. The so-called poor hall, detention center, card room, break home, convenience homes, self-reliance, waiting place, known pavilions, shelves kiosks, and so on. Through the analysis of the linguistic analysis of the concept of class hall and the textual information of the hall phenomenon, the author introduces the concept of resources, practice and space-time into the discussion of the structure process of the hall, which is not so much to grasp the hall as an entity , Rather it is to examine the class hall in the relation network of behavior process. The purpose is to adopt the path of new historical jurisprudence to sketch the difference between the “paper law” and the “living law” (or “explicit rules” and “unspoken rules ”,“ Legal Expression ”and“ Legal Practice ”) treat the Empire of law and law in the empire as a pluralistic one and consider that the class hall is essentially a resource / game / spatial relationship.