比较法学与近现代中国法制之命运

Comparative Law and Destiny of Contemporary Chinese Legal System

近现代中国法制以法律比较为起点,并通过法律比较而发展。近现代中国法制发展曲折徘徊之时,也是比较法学低谷沉默之时。近现代中国法制的建设与发展、法学的复兴与繁荣,都是循着法律比较的途径,并在比较法学的基础上进行的。法律比较对于一国法制建设具有不可或缺性,可以说比较法学与近现代中国法制建设是共命运的。

The contemporary Chinese legal system is initiated and evolves by a comparison of laws. Comparison of laws can be traced back to the Spring and Autumn Period and the Period of Warring States, but a comparative law appeared in China only in the late Qing Dynasty. When the development of the contemporary Chinese legal system was retarded is just when the study of comparative law was at its low ebb. The construction and development of the Chinese legal system and the renaissance and florescence of science of law are all in the wake of and based on the development of comparative law. Comparison of laws is indispensable to any country’s legal construction. One can safely say that comparative law and China’s legal construction have the same destiny.