律师溯源：传统社会的讼师 THE ORIGIN OF LAWYERS：SHYSTER IN TRAD...
律师制度起源于西方，古希腊、古罗马时期的诉讼代理人、辩护人堪称西方律师的雏形。英国是近代律师制度的发源地。最初，英国律师分为出庭律师和诉状律师。到了13世纪后半期爱德华一世在位时，随着巡回审判、陪审制度、令状制度的推行，出庭律师和诉状律师逐渐结合，构成了英国职业律师群体，为西方近代律师制度的形成奠定了基础。
The lawyer system originated in the west, and the lawsuit agents and defenders in ancient Greece and Roma could be regarded as the rudiment of western lawyers.Britain was the birthplace of modern lawyer system.At first, British lawyers included barrister and solicitor.When Edward I was in power in the second half of the 13th century, with the implementation of the circuit trial, jury system and writ system, the barrister and the solicitor gradually combined to form a group of professional lawyers in Britain, which laid the foundation for the modern western lawyer system.
讼师是古代中国专门替人写诉状、咨询、打官司的人。作为这一群体最普遍的称呼，讼师一词最早出现在南宋，此前称作“教令人者”“为人作词牒者”或“诈伪之民”；南宋以后，讼师还有“讼师官鬼”“把持人”“假儒衣冠”“无赖宗室”“茶食人”“哗鬼讼师”“刀笔先生”“讼棍”“法家”的叫法，不一而足。
In ancient China, shysters were the person who wrote complaint,consultation,and lawsuit for the people.As the most common name for this group, the appellation of shyster first appeared in the Southern Song Dynasty.Previously,it was called “a person who teaches others” “a person who writes a word for others” or “a deceitful people”.After the Southern Song Dynasty, shysters were also known as “officials act as shysters” “controllers” “fake Confucian clothes”“rogue clansmen” “tea eaters” “evildoers act as shysters” “Mr.Knife Pen” “shyster”and “legalists”.
中国很早就出现了诉讼代理人，西周晚期的
匜便有目前最早的记录。
匜1975年3月出土于陕西省岐山县董家村窖藏，铭文铸于器盖和腹底内壁，内容连属，共154字（有合文三）。铭文记载了一起民告官的案件，除法官、原告、被告外，参加庭审的还有四人，分别是诉讼代理人、证人和两名书记员；诉讼代理人还向法庭提供了讼词和辩护词。
匜铭文
Inscription of Ying Yi bronze ware
In ancient China, there were lawsuit agents for a long time, and it was first recorded in Ying Yi bronze ware in the late Western Zhou Dynasty.Ying Yi was unearthed in the cellar of Dongjia village, Qishan County, Shanxi Province in March 1975, and 154 character inscriptions were found on the lid and inside of the vessel.The inscription recorded a case which the people sued the officials.The case included a judge, a plaintiff, a defendant, a lawsuit agent, a witness, and two clerks.Moreover, the lawsuit agent also provided the court with the statement of suit and defense.(https://www.daowen.com)
春秋时期郑国的邓析是后人普遍认可的最早的职业讼师，他将刑法写在竹简上，称作《竹刑》。邓析广收门徒，讲授法律，向他学讼的人不在少数。邓析帮人打官司，以擅长辩论著称，“以非为是，以是为非，是非无度”，荀子称其“持之有效，言之有理”。不过，邓析与官方的争辩和他私著《竹刑》的行为令统治者感到不满。于是，邓析被以“小人乱郑”之名处死，而他本人也成了讼师的鼻祖。
旧式审判
Traditional trial
In the Spring and Autumn Period, Deng Xi of the state of Zheng was the earliest litegator generally recognized by later generations.He wrote the criminal law on bamboo slips, which was called Bamboo Punishment.Deng Xi recruited disciples and taught them law during that time.Deng Xi was known for being good at debating, and would take wrong as right, right as wrong, right and wrong without limit.Xunzi appraised Deng Xi who was effective and reasonable.However, Deng's argument with the government and his behavior in writing Bamboo Punishment made the rulers feel dissatisfied, so he was executed by the ruler and he was regarded as the originator of shyster.
秦朝秉承法家传统，以吏为师。两汉则以《春秋》等儒家经典为审案的重要依据。两宋是讼师发展的重要阶段。宋仁宗时，民间健讼之风初露端倪，“兴讼”“健讼”“嚣讼”之词屡见不鲜。宋都南迁之后，长江流域的经济得到了进一步发展，民间田地、房屋、财产流转交易增多，商业贸易行为繁盛，争利好讼之风渐盛，且成为全国普遍现象。讼师也在宋代成为了一种社会职业。明清两代，民间的诉讼观念已相当普遍，讼师参与的助讼活动不仅涉及田产、钱债、继承、婚姻等民事领域，而且在刑事诉讼中也发挥着重要的作用。
The Qin Dynasty inherited the legalist tradition of taking officials as judges.ln the Han Dynasty, the judge takes The Spring and Autumn Annals and other Confucian classics as the important basis for the trial.Song Dynasty was an important stage of the development of shysters.During the reign of Emperor Renzong of the Song Dynasty, the ethos of civil litigation was beginning to appear, the words of “raising litigation”, “being good at litigation” and “clamour litigation” became popular.After the capital of Song Dynasty moved to the south, the economy of the Changjiang River Basin got further development, the transaction of land, houses and property increased, the commercial trade activities flourished, and the trend of dispute for profits and lawsuits gradually flourished, which became a common phenomenon in the whole country.Shyster also became a social profession in Song Dynasty.In the Ming and Qing Dynasties, the concept of civil litigation had been quite common.The litigation activities participated by the shysters not only involved in the fields of property, money, debt, inheritance, marriage and other civil fields, but also played an important role in criminal proceedings.
由此可见，中国古代的讼师发挥着近代律师的功能，而最早将“律师”用于提供法律服务人群的做法可追溯到同治十年（1871）。当时天津教案刚刚结束，清政府派崇厚出使法国道歉。陪同出访的翻译之一、京师同文馆培养的高才生张德彝创造性地使用了“律师”这个词。他在《随使法国记》中三次提到欧洲人向他介绍律师的活动，因为他们不是通常意义上的律师，而是担任政府法律顾问的高级专家，所以张德彝没有选择在中国社会地位不高的“讼师”进行对译，而是以“律师”相称。此后，律师一词逐渐流行开来。民元初创之时，《时报》刊登了一篇题为《新陈代谢》的文章，提到了一系列新旧更替的事物，其中就有“律师兴，讼师灭”，反映了时人对新生事物——律师的接受。
It could be seen that the ancient Chinese shysters played the function of modern lawyers, and the first time to use the word “lawyer” in providing legal services could be traced back to 1871.At that time, the Tianjin Religious Case had just ended, and the Qing government sent Chonghou to France to apologize.Zhang Deyi, one of the translators accompanying him and a talented student trained by Beijing Tongwen library, creatively used the word “lawyer” .In the French Envoy,he mentioned three times that Europeans introduced lawyers to him, because the lawyers were not ordinary lawyers, but senior experts who served as legal advisers to the government.Therefore, Zhang Deyi did not choose “shysters” with low social status in China to translate, but used “lawyers” instead.Since then, the word of lawyer had gradually became popular.At the beginning of the Republic of China, the Times published an article entitled Metabolism, which mentioned a series of new and old things.Among them, the phrase “lawyers prosper, shysters perish” reflected people's acceptance of lawyers.