判例之外：民國裁判文書公開的複調敘事

民國時期的裁判文書公開集中于中央和地方司法或司法行政機關發行的司法公報及審判機關出版的刊物上。這些刊物上所刊登的裁判文書與原本無異，選取的案件具有一定代表性，是當時法學研究的一手材料。此類裁判文書公佈後，引起了多方關注，地方司法公報轉載中央發佈的判例要旨、法學家收集彙編裁判文書、法官和律師在案件審理中援引案例，形成了由多層級法律機關、多類型法律職業共同參與的“複調敘事”。在發揮判例的審判指導功能之外，裁判文書的公開建構起了中央與地方、審判機關與法律研究者對部分典型案件的共識，使裁判文書的書寫風格完成近代化轉向，推動了法學研究的深入，有效地促進了審判品質的提高與國家司法的統一。

In the period of the Republic of China, judicial judgments were mostly published on judicial bulletins issued by central or local judiciaries or on judicial journals published by courts. The published version was the same as the original one, but only those typical judgments with research value could be selected. At that time, these official published judgments cherished by scholars and practitioners as first-hand materials. These judgments attracted wide public attention. The local judicial bulletins reprinted the precedents issued by the Supreme Court, jurists collected and studied the judgments, and judges and lawyers quoted the judgments in the trial, creating a’polyphony narrative’of the judgment publication system while involving central and local levels’legal institutions and various types of legal professions. Besides serving as the judicial guiding function for trials, publication of judgements built a consensus between the central and local governments, judicial organs and legal researchers, modernized the writing style of Judgments, promoted legal study, and effectively enhanced judicial unification across the nation.