从业者、素养、才能:职业与专业视野下的清代讼师

清代讼师从业者多为未仕的各类生员,士子多因屡试不第、仕途稽滞而从事讼师之业,国家法律不能禁绝;讼师通晓律例、熟悉例案,法律素养较高;做举子时的经史素养,也使讼师们善用经史资料助讼,以附会通行于官员中的情理断案风习,且成功率较高;讼师熟悉官场、通晓世情和讼案症结,对案件定性准确,能够给当事人提供有效而高明的建议;其利用官员心理、作风,也具长技。讼师作为职业的存在,是专业服务需求的需要,也是官府与百姓之间知识系统沟通的需要。

Practitioner, Attainments, and Talent: Legal Counsels of Qing Dynasty in the View of Occupation and Profession

Most of the legal counsels(Songshi) in Qing Dynasty were Shengyuang(persons who passed the imperial examination at the county level) not filled in office,the Shengyuang went to be legal counsels when they could not pass higher lever examinations for many times and could not be officers.Although national laws prohibited this but never got effect.The legal counsels knew very clear about law and regulation,familiar with cases,had very high legal attainments.Because they have much knowledge on classics,they could easily use such knowledge in legal suits,so to fit the custom of deciding cases with sense and reason,and get success by this way.The legal counsels were familiar with official circles,social practices,and cases,so they could provide the clients good and effective advices.They could also win the case making use of the mentality and working style.The occupation of legal counsel existed to meet not only the need of professional service,but also the need of bridging between the knowledge system of offices and commoners.