作为精通法律与狱讼,为当事人提供法律服务的职业群体,讼师在中国古代尤其是明清时期人们对其态度判若云泥。以官府为代表的“官方表达”将其描述为教人挑词架讼,坏人心术的“讼棍”;而以民众为代表的“民间实践”却将其奉为仗义而行,维系社会正义的“貔貅”。造成这种反差的原因不仅反映了明清时期司法制度设计上所存在的问题,而且暗含了官府“息讼”话语与民间“健讼”事实之间的紧张关系。更为重要的是,这种反差向我们揭示了中国古代王权主义秩序情节下对于社会和谐追求的困境与问题。
There was a different evaluation on law practitioners, as the occupational group who is versed in law and lawsuit and provides legal services to parties, in traditional China, especially in the Ming and Qing Dynasties. At that time, law practitioners had been described as "shyster" officially. On the contrary, they had been named as "Pi Xiu" by the public and enjoyed high reputation by maintaining the social justice. The reason of this contrast not only reflects the issues existed in the judicial systems of the Ming and Qing Dynas- ties, but also implies the strained relation between the government and the public. More importantly, the con- trast reveals the dilemma and problem of pursuing social harmony under the ancient Chinese Monarchism.