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论文从古代通俗小说中寻找法律演变轨迹。中国古代的法律思想观念和司法活动反映在各类典籍和艺文书中,古代通俗小说对古代民众的法律观念和法律生活表现得也很充分。敦煌变文描写了不少社会法律生活,从此,法律成为通俗文艺描写的一个重要表现对象。宋代勃兴起来的话本小说沿着变文的通俗文艺道路行进,在描写上同样将笔触深入了普通受众喜闻乐见的曲折案情故事和执法破案内容。宋元话本对配刑等刑罚的充分描绘,留下了那个时代深深的烙印。明清时期是中华法系成熟的时期,也是古代小说创作非常繁荣的时期。丰富的社会生活为小说创作提供了充分的素材,专门描写司法官员判案的公案小说大量出现。而在描写世情的写实小说中同样有大量的法律生活题材,丰富了小说的内容和人物形象,小说的思想得到深化。由于古代小说描写了法律生活,文本中羼人了为数不少的法律文体。这种文体在小说中大体表现出两种,一是脱离了法律意义上的实用性,成为了文学化的文体形式,与小说中的诗词作用相去不远一是征实化,营造逼真的氛围。法律文化的渗透、小说大量描写现实法律活动是古代小说中穿插法律文书的根本原因,司法案牍的编刊为小说引用、撰写提供了范本,科举制度培养了小说作者写作此类文书的能力,部分小说作者的职业身份促成了他们在小说中偏好援用法律文书。
Papers from the ancient popular novels to find the evolution of law track. Ancient Chinese legal thoughts and judicial activities are reflected in all kinds of books and art books, and the ancient popular novels are very full of the legal concepts and legal life of the ancient people. Dunhuang Variations describes many social and legal life, since then, the law has become an important manifestation of popular literature and art object. The novels of the Song dynasty flourished along the path of the popular literature and art of the Variations. In the description, the strokes also deeply penetrate into the tortuous cases and law-breaking contents that the ordinary audiences love to hear and hear. The Song and Yuan dialects fully portrayed the penalties such as withholding sentences and left a deep imprint on that era. Ming and Qing Dynasties is a mature period of the Chinese legal system, but also a very prosperous period of ancient novel creation. A wealth of social life has provided sufficient material for the creation of novels, and a large number of public court cases have been published that specifically describe the judicial officials’ adjudication. In the realistic novels depicting the world, there are also a large number of subjects of legal life, enriching the content of the novel and characters, and the idea of the novel has been deepened. As the ancient novel describes the legal life, there are a large number of legal texts in the text. This kind of style shows two kinds in the novel, one is from the practical significance in the legal sense and becomes the literary stylistic form, which is not far from the role of the poetry in the novel. The first is to actualize and create a realistic atmosphere . The infiltration of law and culture. The fiction describes a large number of realistic legal activities as the fundamental reason for intervening legal instruments in ancient novels. The edicts of judicial bills provide a model for the citing and writing of novels. The imperial examination system has cultivated the abilities of novel authors to write such instruments. The authorship of the novel contributed to their preference for legal instruments in the novel.