【摘要】 包银诉讼是近代戏曲经营活动中产生的权益纷争。汪桂芬沪上演出期间，曾与新丹桂、天仙、留春、天福、桂仙等多家戏园发生包银诉讼。以高额包银邀聘名角、挖角，是沪上戏园常规性的商业竞争手段，也是促使名角跳槽且发生诉讼的直接原因。高额包银加剧了戏园间的恶意竞争，在为戏园经营埋下隐患的同时，也影响了戏曲演出市场的健康发展。从汪桂芬的包银诉讼可以看出，沪上戏园关于演出合同的签订及续订、包银的支付方式及违约处罚、包银争端的解决等都与京师迥异。包银诉讼从侧面反映了晚清上海梨园生态的变化：伶人的流动性大大加强，搭班日渐灵活自由，个体意识明显增强，传统梨园行中戏班和伶人、伶人和伶人间泛家族化的群体关系逐渐向商业化、市场化发展，名角的商业价值凸显，戏园的组织结构由脚色制向“角儿制”转变。更多还原

【Abstract】 Contract payment lawsuits discussed in this paper were disputes over rights and interests arising from the operation of modern xiqu(Chinese opera). During Wang Guifen’s performances in Shanghai, he was involved in such lawsuits with quite a few theaters, including Xin Dangui, Tianxian, Liuchun, Tianfu, and Guixian. The practice of inviting and recruiting famous actors with high contract payments was a common form of commercial competition in Shanghai’s theaters, and it was also the direct cause of job-hopping by well-known actors and their involvement in legal disputes. The high contract payments intensified malicious competition between theaters, hindered the healthy development of the xiqu market, and posed risks to the stability of theater operation. Wang Guifen’s contract payment lawsuits revealed that the signing and renewal of performance contracts, payment methods and penalty for breach of contract, and the settlement of disputes in Shanghai were very different from those in the capital. These processes reflected broader changes in the theater ecology of late Qing dynasty Shanghai: actor mobility increased significantly, troupes became more flexible and freer in their formation, and individual consciousness was noticeably strengthened. The traditional pan-family relationship between troupes and actor, as well as among actors themselves, gradually evolved into a commercial and market-oriented structure. The commercial value of famous actors became more prominent, and the organizational structure of theaters shifted from the traditional role-category system to a “star system.”更多还原