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敦煌本《燕子賦》是今所得見較早以判案寫成敘事文學的俗文學作品,而紛爭辯訟、辨明是非的“爭訟”乃民眾社會生活中所常見,且動物擬人化之手法尤具趣味性與娛樂性,深為市井小民所喜聞樂道,流傳也廣,不僅影響後世俗文學,更擴及東亞漢字文化圈。本文據敦煌寫本《燕子賦》及越南漢文小說《聾瞽判辭》、韓國漢文文獻《鵲與烏相訟文》、《烏對卞訟文》、《蛙蛇獄案》,分別論述敦煌本《燕子賦》中爭訟文牒的運用、爭訟文學擬人化與判詞運用流行原因之探測、擬人化爭訟文學之形成與發展、“判”在俗文學中的運用及其流行之原因與發展,考察敦煌爭訟文學與東亞漢文小說之發展;並以越南漢文小說中的《聾瞽判辭》及韓國漢文文獻中的《鵲與烏相訟文》論證爭訟文學在東亞漢字文化圈之容受。
The “Swallow Fu” in Dunhuang is the popular literary work which has been earmarked earlier and has been written as narrative literature in the case of dispute. However, disputes over disputes and discrimination between right and wrong are often seen in the social life of ordinary people and animals are personified The technique is especially interesting and entertaining. It is loved and loved by local residents and spreads widely. It not only affects post-secular literature but also extends to the cultural circle of Chinese characters in East Asia. Based on the Dunhuang Manuscripts “Swallows Fu” and the Vietnamese Chinese novel “Decree”, South Korean Chinese literature “Magpie and Uzbek litigations”, “Wu on Bian Litong”, “frog snake case”, respectively, The Use of Argumentations in the “Swallows, Fu”, the Exploitation of Arbitrarily Litigious Literature and the Use of Verdicts, the Formation and Development of Arbitrarily Litigious Literature, the Use of “Judgment” in Popular Literature and Its Prevalence Reason and development of Dunhuang litigation literature and the development of Chinese novels in East Asia; and Vietnam dialect of the “deaf 瞽 judge” and Korean Chinese literature “magpies and Uzism litigation” argumentation of the litigation literature in East Asian Chinese characters Cultural circle of tolerance.