Dependency and Contrary between the Law and Literature:the legal institutions and analysis of criminal cases of Yuan drama

• Main Authors: Shu-Chen Ho, 何淑貞
• Other Authors: Shu-Chen Lin
• Format: Others
• Language: zh-TW
• Published: 2013
• Online Access: http://ndltd.ncl.edu.tw/handle/jyxezk

碩士 === 國立中興大學 === 中國文學系所 === 101 === The interdisciplinary research consists of the literature and law. Yuan dram of the folk literature closed to plebeians’ life is the excellent text to observe the lieterature and the legal institutions. In 162 existed scripts of Yuan drama, there are 95 scripts involving legal institutions in which contain the description of criminal cases, civil cases and the judicial processes. Adopting the criminal cases from the abundant texts as rearch, major reason is the criminal law long-established; therefore, the criminal law stipulats for the plebeians’ life and penalty will be imposed on infringing people. Through collecting the plots of homicide cases, generalizing and classifying collections, revealing quantity of crimes and homicide in the Yuan dram, the purpose of this study is to compare the plays of Yuan drama with contemporary law paper, analyze culture of the law of the plays and contemporary judicial institutions, discuss the relations between Yuan society and the law institutions of Yuan drama. The criminal cases and homicide cases of Yuan dram corresponds to Yuan society and the rescults of the verdict nearly corresponds to the criminal law of Yuan Dynesty, mostly giving death sentences; also, there are cases of giving heavy or wrong sentences, but it doesn’t mention Shaomaiyin. Except that, the authority of the judgment and process of the judgment in Yuan drama doesn’t correspond to the judical institutions in Yuan. For example , the emperor gives a death sentence in Yuan; on the contraty , the local official replaces the emperor to give the a death sentence in Yuan drama. The playwrith creates gold medal which is symbolizing the emperor to empower the local official for charing a death sentence. Aside from the fictional structure and four – fold structure influence in Yuan drama, the plebeians’ thought and expectation for the legal institutions also emerge. Moreover, Yuan drama creates a number of honest and upright officials possess probity, wisdom, amiability and prudence in doing their duties. And then the honest and upright officials usually judge the cases by supernatural power to find out the truth. It also points that in the ancient periods judging was difficult; therefore, principle that malice hurts itself most is regarded as prevention of crime.