摘要
本文透過道光八年發生在江蘇武進縣的訟師莊午可聚眾抗法案的剖析，比照〈激變良民律〉的演變及適用，以圖對清代聚眾行為的法律控制做一些新的解讀。值得特別提出的是，地方大吏對所謂「唆訟案」的認識明顯存在分歧，其應對辦法也有較大差異。一方面，由於法律過於嚴苛，與情理嚴重背離，加大了法律的執行難度，從而降低了法律應有的效力。另一方面，由於國家對社會的控制能力的降低，以規避法律為能事的訟師一旦東窗事發，往往鋌而走險，查拿訟師案演變成聚眾抗法案。
According to the research on the case of pettifogger Zhuang Wuke gathering a mob to against the legal system happened in Wujin County, Jiangsu Province in 1828, and in comparison with the evolvement and application of the act of local government irriating residents,this article is attempting to create a new interpretation to the legal contol of the behaviours of gathering a mob in Qing Dynasty. It was worth noting that local officals of high ranks had obviously different attitudes toward the case of gathering a mob to take lawsuits, and they also had obviously different methods to deal with it. On one hand, because the law was too strict, and diverged from the morality and convention, the enforcement of the law was getting more difficult, and the efficiency of the law declined. On the other hand, with the decline of the centre government’s ability of country controling, once the conspiracy was exposed ,the pettifoggers, who were capable of helping people evade the legal system, would create reckless move to gather a mob to against the legal system and try to protect himself.
關鍵詞
訟師、聚眾、法律控制、莊午可
Pettifogger、mob-gathering、Legal control、Zhuang Wuke