| 書名： | 明清公案小說研究 |
|---|---|
| 作者： | 王琰玲 |
| 提要 | 本文以明清公案小說為探討對象。全文包含以下幾章： 第一章緒論，說明研究的動機及目的，並以公案小說專集在質與量上已具有一定的代表性，所以本論文以明清公案小說專集為研究底本，說明本文的研究範圍及研究方法。 第二章公案小說的定義及形成，下分三節，第一節說明公案及公案小說的定義，第二節探討公案小說的源起，並說明其發展過程，先秦至唐、五代都屬於此一時期，第三節探討公案小說的形成，由宋朝的時代背景與文學發展討論其對公案小說形成的相關性。 第三章公案小說的案件性質，將明清公案小說專集所收案件，以犯案事實分為人命官司、財務官司、人事官司、斬妖除魔並去除地方禍害、其他等五大類，並在類別下探討其犯案原因。將案件性質區分後，可以看見在專集中收錄最多的人命官司，約佔有五成，以此可以得知受編寫者青睞的案件類別，又以公案小說成書以謀利為主，可以知道這也是讀者偏愛的案件類別。 第四章公案小說的故事書寫技巧，本章以故事中所呈現出的故事趣味點為主要探討方向，故事如以官員才智走向發展的便歸在第一節人情事理中討論，如加入超自然現象者，則歸在第二節的神鬼靈怪討論。可以看見公案小說作者著墨最多的還是在斷案部份，而且多數的案件還是展現出官員個人機智的一面。 第五章從公案小說看明清的司法及官場風氣，第一節以探討明清司法為主要方向，包括律法及執法人員，從案件判決探討明清時期的律法精神，同時由判決中也能看出官員超越律法的裁量權。第二節從案件內容看官場風氣，討論官員微服出訪的成效及衙役趁火打劫的惡習。 第六章從公案小說看明清社會背景，將犯案原因最高的兩類｜女色及錢財提出討論，第一節討論明清時期的貞節觀，討論對貞節要求與否的理由。第二節討論明清的經濟發展與犯案關係，就趨商風潮的原因及背景加以說明，並討論趨商而形成的犯罪情形。 第七章結論。綜述前幾章要點並個人看法為本論文總結。 另有附錄，標明案件分類及出處，附錄二則以圓形比例圖，標示案件分類比例 |
| 目錄 | 目 次
第一章 緒 論········································································································ 1
第一節 研究緣起及目的····················································································· 1
第二節 研究範圍及方法····················································································· 3
第二章 公案小說的定義及形成············································································ 11
第一節 公案小說的定義··················································································· 11
一、公案的定義······························································································ 11
二、公案小說的定義······················································································· 12
（一）宋人之說························································································ 12
（二）今人之說························································································ 15
第二節 公案小說的源起··················································································· 17
一、先秦時期·································································································· 17
二、兩漢六朝時期·························································································· 18
三、唐、五代時期·························································································· 23
第三節 公案小說的形成······················································································· 26
一、時代背景·································································································· 26
二、文學發展·································································································· 28
第三章 公案小說的案件性質··············································································· 31
第一節 人命官司······························································································ 31
一、搶劫、謀財致命······················································································· 32
（一）異地劫殺························································································ 32
（二）盜劫傷命························································································ 34
（三）圖謀家業························································································ 35
二、女色糾紛致死·························································································· 35
（一）和姦謀殺························································································ 36
（二）強奸殺人························································································ 38
（三）佔妻殺夫························································································ 39
（四）妒 殺···························································································· 39
（五）其 他···························································································· 40
三、自 盡······································································································ 41
（一）保全名節························································································ 41
（二）追求愛情························································································ 41
四、其 他······································································································ 42
（一）爭吵、鬥毆致死············································································· 42
（二）猛獸、毒蟲奪命············································································· 43
（三）仇 殺···························································································· 43
第二節 財務官司······························································································ 44
一、爭 佔······································································································ 44
（一）爭佔家產、金銀············································································· 44
（二）爭佔牲畜、物品············································································· 45
二、偷 竊······································································································ 45
三、搶 劫······································································································ 46
第三節 人事官司······························································································ 47
一、不認親屬·································································································· 47
二、誣 告······································································································ 48
三、私 通······································································································ 48
四、拐 騙······································································································ 48
五、其 他······································································································ 49
（一）爭佔他人妻、兒············································································· 49
（二）強 奸···························································································· 50
（三）犯禁律、違律、謀逆、官員貪污、室女生子、人告物、動物為己申冤 50
第四節 斬妖除魔、去除地方禍害···································································· 51
一、惡霸禍害地方·························································································· 51
二、精怪幻化作怪·························································································· 52
第五節 其 他·································································································· 53
一、旌表節孝·································································································· 53
二、藉案講理·································································································· 53
三、未完成的作品·························································································· 53
第四章 公案小說的故事書寫技巧········································································ 55
第一節 人情事理······························································································ 55
一、人智斷案──高明的技巧··········································································· 55
（一）審判物品························································································ 56
（二）讓心虛的罪犯現出原形·································································· 58
（三）在官員背後說的實話······································································ 60
（四）重罪恫嚇························································································ 61
（五）拆穿謊言························································································ 62
（六）特別的提示····················································································· 65
（七）自呈贓物························································································ 67
二、證據斷案·································································································· 67
（一）實 驗···························································································· 68
（二）記 號···························································································· 69
第二節 神鬼靈怪······························································································ 70
一、風的暗示·································································································· 71
（一）案 發···························································································· 71
（二）示 兇···························································································· 71
二、鬼魂投訴·································································································· 72
（一）托 夢···························································································· 72
（二）直接投訴························································································ 73
三、動物鳴冤·································································································· 74
（一）為主告狀························································································ 74
（二）不平之鳴························································································ 75
四、神明的靈應······························································································ 75
（一）顯 靈···························································································· 75
（二）啟 示···························································································· 76
五、夢裡的暗示······························································································ 76
第五章 從公案小說看明清的司法與官場風氣····················································· 79
第一節 從案件判決看司法··············································································· 79
一、明、清的律法精神··················································································· 79
（一）階級分明························································································ 80
（二）側重情理························································································ 84
二、官員的裁量權·························································································· 87
（一）不必負責的刑罰············································································· 87
（二）超越律法的判決············································································· 91
第二節 從案件內容看官場風氣········································································ 95
一、官員的習性──掩飾身份··········································································· 95
（一）避免招搖························································································ 95
（二）體察民情························································································ 97
二、衙役的習性──趁火打劫········································································· 101
第六章 從公案小說看明清社會背景·································································· 105
第一節 從案件看明、清的貞節觀·································································· 105
一、嚴格的規範···························································································· 106
（一）深閨不出······················································································· 107
（二）一女不事二夫··············································································· 108
二、相反的立場····························································································· 112
第二節 從案件看明、清經濟發展與犯案關係················································ 117
一、棄本業從商的風潮················································································· 117
二、因商而起的犯行····················································································· 123
第七章 結 論···································································································· 127
附錄一··················································································································· 133
附錄二··················································································································· 145
參考文獻··············································································································· 151 |
