The "Crime" And "Punishment" In The Case-solving Novels Of Ming Dynasty

It has been more than twenty years from the model which using literature toresearch the law stepped into the sights of Chinese legal science in1990s. In itsdevelopment process, it has been getting a great of supports, but there are also full ofsuspect. This article chooses the "San Yan Er Pai" which is a famous literary work ofthe Ming dynasty case-solving novels as the research object, analysis the relevantcase-solving novels,compares with the Ming dynasty law and the provisions of thecriminal law, implementation status, and the theoretical value to make inspection.The "San Yan Er Pai" occupies a very important historical position in the historyof popular literature,it is the most famous work that reflects the social life in Mingdynasty. And the case-solving novels in the "San Yan Er Pai" have an importantposition in the entire history of the Chinese case-solving novel. It is to classify thecriminal cases based on clarifying the basic situation of the case-solving novels in the"San Yan Er Pai", and then to examine the provisions of the relevant statutes law ofMing dynasty, making the discrepancies from some aspects by comparing theliterature and the statute law, the differences between the legal text and the judicialpractice.We could find that though the judgment of these case-solving novels do notmeet perfectly with the statutes, and also have certain differences in language, butthey were largely in line with the spirit of the law.At last,having a interpretation on thebasis of the "San Yan Er Pai" case-solving novels of Ming dynasty,it summarizesthese novels’ four legal theoretical values reflected, Which hope this work on the "SanYan Er Pai" has a deeper knowledge value and in order to promote the law study ofliterary works,especially the legal history.