晚清上海租界小说戏曲案件审判的主要特点与影响

晚清上海租界小说戏曲案件频仍，小说戏曲案件是上海租界会审公廨值得关注的审判事务，部分西方法律制度被移植到小说戏曲案件审判之中。从审判程序上看，小说戏曲案件属于违警罪，租界警察既是小说戏曲案件的主要侦缉力量，也是主要起诉方；在案件审判中，比较重视证据，出现了被告聘请辩护律师的现象，公廨谳员的审判权力逐步被外国陪审官侵占。从量刑标准上看，晚清上海租界小说戏曲案件判罚开始了刑罚的近代转型:一是量刑比清朝衙门采用的刑罚要轻；二是率先移植了罚金刑。晚清上海租界小说戏曲案件从侦缉力量、罚金刑移植、量刑轻刑化等方面一定程度上影响中国传统小说戏曲管理法制的近代转型和中国现代文艺管理法制的建立。

The Features and Influences of the Trials of Cases of Novel and Opera in the Shanghai Concession in Late Qing Dynasty

There were lots of illegal cases of novel and opera in the Shanghai concession in late Qing Dynasty, and the cases were the daily trial services of the Mixed Court which introduced a few western legal systems. From the view of trial proceedings, concession police are the main investigative power and prosecution. During the trial, evidences are attached importance to and lawyers are hired, but the jurisdiction of Chinese judges are infringed by foreign jurors. From the view of sentencing standards, the penalty marked the modern transformation in the Shanghai concession. It mainly shows in two ways. On the one hand, the sentence is lighter than the Yamen in late Qing China, on the other hand, the fine penalty was used in the trial. The investigative power, transplanting fine and sentencing standards in the mixed court in foreign settlement of Shanghai ，to a certain extent，promote the modernization process of Chinese traditional legal system for opera and novel and establishment of modern literary management legal in China.