洋务派法律思想探析

A Research on Yangwu School' s Legal Thoughts

洋务派的法律思想是在"中体西用"理论的基础上形成的,主要内容为:传承隆礼重刑的法律思想;稍变成法与引进西方的司法改良思想;以自强为目的的军事法律思想;以求实为核心的经济法律思想;以应付殖民地外交的国际法思想和培养近代法律人才的法律教育思想。虽然不系统,涉及面较狭窄,但它却反映了社会的巨大变化,因而带有时代的烙印,它是中国法律走向近代化的一个起点。

The westemizationists developed its legal thoughts from the theory of basing on the Chinese culture and applying the western technology. Its connotation includes the mode of legal thinking of highlighting the function of li and penalty, the thought of judicial reformism about altering the established laws in order to absorb the western legal culture, the military legal thought with the aim of self- strengh, the economic legal thought with the kernel spirit of realistic approach, the international legal thought with the purpose of coping with the colony's foreign relations and the legal educational thought of training the modern lawyers. Unsystematic as its theory and narrow as its field of vision may be, the legal thoughts of the westemizationists reflected an immense change in the modem China, and showed the mark of times, and its advent acted as the starting point of Chinese law' s modernization.