"two Shot" In The Litigation Story And Its Analysis,

This thesis analyses the 30 litigation stories in "Two Volumes of Slapping" from law and literature perspective ,and focuses on the following two aspects: first, Using literature as comprehensive as possible to understand and grasp the true live the Ming Dynasty law;second, Construction in the literary text to the history and thinking in the context of the law of China is a general sense of some of the theoretical issues, hoping to inspire a certain judicial reality.This thesis summarizes in the statistic for the story on the basis of which focus on litigation issues, including the people's litigation strategy, litigation evidence and litigation system, as well as litigation culture.Lawsuit strategy part: The populace when the prosecution avoids with difficulty, deals negatively not constantly, but will adopt some positive lawsuit strategy, like "will plead", "invites the lawyer" and so on。Lawsuit evidence part: Official based on authority principle "above oral confession" idea, in reality often extortion of confession by torture; The populace is based on tire of disputed that evades the point of view which disputed, evidence consciousness is weak, even through legitimate method destroying evidenceLawsuit system part : The lawsuit system then to civil was also different with criminal case's processing. The former takes "the law the type "to drop a lawsuit along the people's desires" stops the struggle", often even replaces the law by the traditional ethics as the basis; Although the latter emphasizes decides legally, but also has "the transference on the law" realistic questionLawsuit culture part : It was different with the previous dynasty, the lawsuit point of view then has presented many kinds of forms. The populace tire of dispute the point of view to be prominent, not disputed that is only literary intelligentsia's ideal. When the populace are driven beyond the limits of forbearance, starts to have the driving lawsuit symptom.In the conclusion part, the author has carried on the resonsideration to the article research conclusion and the methodology, and carries on some analyses and the explanation to the article existence's limitation.