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清末讼师群体的消亡是多种因素共同作用的结果。由社会底层知识分子构成的讼师群体始终处于弱势地位;清末讼师执业的潜在维权特点加重了官府的抑制;在清末司法改革时,讼师群体生存的现实性、合理性未被考虑,讼师未被吸纳进入新制;清政府对待讼师与律师群体新旧更替态度轻率,直接移植了西式法律制度,却未合理兼容本土传统。以上诸种因素致讼师消亡。
The demise of lawsuit group in the late Qing Dynasty is the result of many kinds of factors. The litigant group consisting of the bottom-level intellectuals in the society has always been in a weak position; the potential rights-protecting features of lawyers practicing in the late Qing dynasty have aggravated the restraint of the government; at the late-stage judicial reform, the reality and rationality of the litigation divisions’ groups have not been considered and the litigators have not been absorbed And entered a new system. The Qing government reckoned the old and new alternations of litigators and lawyers, transplanted the Western legal system directly, but did not reasonably compatible with local traditions. The various factors above cause the lawsuit to die.