包公也断“葫芦案”——法治视野下的《包待制三勘蝴蝶梦》

作为中国古代清官形象代表,包公是完美无缺的正义化身,在中国司法文化中,包公早已被神化.然而,如果以元杂剧《包待制三勘蝴蝶梦》为样本,在现代法治视野下评判包公,我们会发现不仅《红楼梦》中的贾雨村这位葫芦僧会判葫芦案,身为清官的包公也同样封建迷信十足,他为了所谓的结果正义,在断案中有罪推定,并不惜刑讯逼供,最终导演一场包庇凶犯、枉法裁判的葫芦案.中国司法文化中有根深蒂固的清官情节,但司法公正并不仰仗清官,其根植于法治而非人治.

Bao Zheng as the Confounded Judge in A Dream of Butterfly

As the representative of incorrupt judges in China, Bao Zheng is the symbol and even the god of justice in the eyes of ordinary Chinese people. However, asA Dream of Butterfly shows us, Bao Zheng is nothing but an- other confounded judge in the opinion of ＂rule of law＂ and he is just like Jia Yucun as a confounded monk who ends a confounded case in A Dream of Red Mansions. In A Dream of Butterfly, Bao Zheng also ends a confound- ed case which is full of inquisition by torture and presumption of guilt. The complex of ＂incorrupt judge＂ is deep rooted in Chinese legal culture ; however, legal justice is rooted in ＂rule of law＂ rather than ＂incorrupt judges＂.