受公正审判与慎刑恤狱等司法理念的影响，封建社会对案件的复审程序予以高度重视。明清时期已在历代法制的承袭沿革中发展出一套成熟完备的复审制度，且大量指导实践。作为封建法制的重要组成部分，复审制度不仅存于律令、官箴、史志等实录文献，在戏剧、小说等文学体裁中也广泛出现。本文受“法律与文学”交叉研究以及“小说知识学”理论的启发，关注到复审制度与明清小说的互动。但不仅限于法学界对小说史料价值的挖掘，而是聚焦至明清小说对复审制度的艺术性呈现。

明清小说的公案描写对审级复审进行了叙事回避、程序简化与改写等处理。出于集中案情的考虑公案描写止步于初审的拟罪，或者为强化小说的劝惩功能而直接处决。为避免层层审转带来的叙事重复，作者进行结尾处概述与各级审判场景的选择性敷演。为实现主观意旨的传达，突破复审形式与审理期限的限制，并且不断凸显慎刑雪冤功能；上诉复审在明清小说中的呈现分为话语策略与实际行动两面。民众借助上诉类话语逼迫对方让渡权益时，明清小说对涉案人与初审官员的后续言行做多样描写。民众为维权直接上诉时，作者会略写上诉失利，详写清官官员的审判，并且大量设计越诉情节。同时，小说对上诉复审苦难面与有效性的双向传达，在构建民众法律认知的同时助推了“健讼”“厌讼”矛盾诉讼心态的形成；明清小说对监察复审的展现以官员群体为核心。先是整体描写司法监察形式，强调监察官员的位高权重，并搭建官民关系以推动案情突转。继而深入具体的复审，从静心听诉、自身精察、微服私访、鬼神提示等方面描绘官员察冤情状，塑造高级官员的正面形象。后又对错判官员的追究责任，用时有时无、或轻或重的惩处描写影射媚上欺下的官场生态。

本文在识别复审知识的基础上，力在对明清小说中的复审制度作文学性解读，在肯定小说史料价值的同时阐释其自身的审美价值。

        Under the influence of judicial ideas such as fair trial and cautious punishment, the feudal society attached great importance to the review procedure of cases. In the Ming and Qing Dynasties, a set of mature and complete review system has been developed in the inheritance and evolution of the legal system of previous dynasties, and a lot of practice has been guided. As an important part of the feudal legal system, the review system exists not only in recorded documents such as laws and regulations, official admonition and historical records, but also in literary genres such as dramas and novels. Inspired by the crossover study of "law and literature" and the theory of "novel knowledge", this paper pays attention to the interaction between the review system and the novels of the Ming and Qing Dynasties. However, it is not limited to the excavation of the historical value of novels, focuses on the artistic presentation of the review system of novels in the Ming and Qing Dynasties.

The description of legal cases in the novels of the Ming and Qing Dynasties dealt with the trial level review, such as narrative avoidance, procedure simplification and rewriting. For the consideration of concentrating the facts of the case, the description of the legal case stops at the judgement of the first trial or execute directly to strengthen the persuasion and punishment function of the novel. In order to avoid the narrative repetition caused by trial and transfer at all levels, the author summarizes at the end and selectively perfumes the trial scenes at all levels. In order to realize the transmission of subjective intention, break through the restrictions of review form and trial period, and constantly highlight the function of cautious punishment and avoiding injustice; The appearance of appellate review in the novels of the Ming and Qing dynasties can be divided into two aspects: discourse strategy and practical action. When people forced the other party to transfer their rights and interests with the help of appeal discourse, the novels of the Ming and Qing Dynasties made various descriptions of the subsequent words and deeds of the people involved and the officials of the first instance. When people appeal directly to protect their rights, the author will slightly write about the failure of the appeal, write in detail the trials
of honest officials, and design a large number of plot of litigation beyond the normal rank. At the same time, the two-way communication of the suffering and effectiveness of the appeal review in the novel not only constructs the people's legal cognition, but also promotes the formation of the contradictory litigation mentality of "healthy litigation" and "tired of litigation"; The display of supervisory review in novels of the Ming and Qing Dynasties takes the group of officials as the core. The first is to
describe the form of judicial supervision as a whole, emphasize the high
position and weight of supervision officials, and build the relationship
between officials and the people to promote the sudden turn of the case. Then conduct in-depth and specific review, depict the grievance situation of officials from the aspects of quiet hearing, self-examination, private
interview, ghost tips, etc. and shape the positive image of senior officials.
Later, the responsibility of the wrong judge was sporadic and more or less, which was used to describe the officialdom ecology of flattering the upper and bullying the lower.

On the basis of identifying the knowledge of review, this paper tries to make a literary interpretation of the review system in the novels of Ming and Qing Dynasties, affirming the historical value of the novel and explaining its own aesthetic value.