西学语境下的《洗冤录》与民国司法检验

《洗冤录》白清代康熙年间钦颁之后，即成为审理刑狱、司法断谳的重要准绳和刑事司法检验的权威指针。然而西方近代科学的传入，却使传统检验奉行的《洗冤录》饱受非议。特别是“五四”新文化运动以来，《洗冤录》不仅在学理上受到西式化学检验的强烈质疑，遭到知识界的猛烈挞伐，而且以其为指征的传统司法检验方法也备受指责。虽然《洗冤录》跌下神坛，但因科学法医体系未臻确立，20世纪30-40年代中国的司法检验实践中依然大量延用旧法，《洗冤录》可谓跌而不倒，显示出根深蒂固的生命力。《洗冤录》的近代命运，不仅是近代中国不同时期历史话语的直接结果，也是近代中国的真实写照。

Xi yuan lu （ Records for Washing Away of Wrong Cases ） and justice tests in the Republic of China in the context of western knowledge

Xi yuan lu （Records for Washing Away of Wrong Cases） has become the important criterion and authority of the criminal justice tests in the proceedings of case and judicatory judgment, since it was issued royally and officially in the reign of Kangxi Emperor of the Qing Dynasty. However, the Xi yuan lu and its traditional tests was subjected to strong criticism after the introduction of modem science. Especially since the May 4^th New Culture Movement, not only the theory in the Xi yuan lu had been met with incredulity and condemned sharply through western chemical tests by the intelligentsia, but also the traditional methods of justice tests based on the book was fully criticized. Though the Xi yuan lu has fallen down from the altar, the traditional methods in the book still were used in practice in China during 1930s-1940s because the scientific system of forensic medicine was not established yet. Xi yuan lu, though fallen yet not defeated, reveals its deep-rooted life. The modern fate of the Xi yuan lu was not only the direct result of different historical conversation in the different periods of modern time, but also a true picture of modern China.