在中国思考法律与文学(Thinking about law and literature in Ch

在中国思考法律与文学（Thinking about law and literature in

China）

Thinking about law and literature in China

Zhusuli

[subject classification] Jurisprudence

[year of writing] 2006

[text]

This article is an introduction to my ongoing research in law and literature, focusing on some of the previous studies of law and literature in china. This paper will based on the review and analysis of current situation of literature and law research at home and abroad, analyzes some problems related to law and literature as theoretical research in Chinese, including its present situation, problems, possibility and significance; at the same time a brief introduction and discussion will use my research materials and methods and why.

First, the status quo and review

The study of law from literature (in broad sense, but mainly in Narrative Literature) is not new. In China, at least since 90s, [1], a law scholar, has touched on the field of law and literature in different ways and ways. In my opinion more meaningful: he's the "ancient judicial decision Chinese style and spirit of Song Dynasty on the basis of discussion with

Britain", the ancient officials involved in the judicial verdict writing literature. Especially the kind of significant literary pursuit or suspected to play "Literature" the "flower sentence"; [2] Liang Zhiping's "spirit of the law and human", [3] is mainly in the ancient literati notes, sketches, stories as materials, the comparison between Chinese and western legal cultural differences, has put forward and developed some legal problems; Liu Xingshou in the "Southern Weekend" with a positive name published a series of western law the story, later books published in the west "window rain", analysis of these stories are very detailed and convincing, the style is concise and lively; his "ancient law" in seeking justice A similar [4] pursuit, and Liu Xing's colleague Xu Zhongming for many years has always adhered to the "historian written history", "history of each card" of the way, explore and research the ancient legal system of China from China in ancient literature history, law and literature research in the China made a long and sustained effort; Study on the idea of [5] and Xu, but similar material is different from Wang Shirong Chinese ancient literary works including the court verdict, the legal system to study the traditional [6] Chinese; in addition, the paper discussed the feminism not only relates to the female image of three Chinese and foreign classic literary works, but also strong comparison of Chinese and foreign legal color. [7]

Looking back, that is, to reconstruct and interpret them with today's eyes, these writings or essays have almost touched all the main aspects of the fields of law and literature which were first established and defined by American scholars. "This is the actual discussion of" law as Literature ", but focuses on the judicial text; Liu also belongs to the" law as Literature