명청소설 속 訟師의 긍정적 인물형상 연구

Abstract

Songshi[訟師] is also called as Zhuangshi[狀師] and they are the people who is in charge of the work writing a complaint for a person or acting on behalf of a lawsuit, etc. It is called they worked similar assignment with the lawyer of today. Songshi continued their existence adapting to the changes in the world from Dengxi[鄧析] in the Spring and Autumn period which can be called as the beginning of Songshi and passing through the Song Dynasty which Songshi became a full-time business and till MingQing Dynasty which Songshi increased explosively. However, the suppression of all time dynasty considered Songshi as a challenge to national legal system, the influence of Confucian ideology considered the harmony as main value and the competition among Songshies as a full-time worker became a factor recognizing Songshi as negative. Like this, negative recognition for Songshi can be confirmed by various titles called Songshi. However, it can’t help wondering that Songshi continued to exist never fading away or rather flourished at partial region though there were the suppression of all time dynasty. Is it because there were certain positive aspect of Songshi? Therefore, this study was started from the thinking that positive aspect of Songshi can be found reconsidering negative recognition prevailed in traditional legal culture of China. So, the real example was searched by the positive image of Songshi reflected in the literary works, especially in the novels of MingQing Dynasty. Songshi in the novels of MingQing Dynasty is usually shown as negative. However, they helped others fulfilling their duty, realized justice based on their ability and showed positive aspect regretting and repenting their mistake. Furthermore, it was confirmed that they praised as a hero in a folktale.