洋务派“中体西用”法律思想评介

Comments on the Western Business School's Legal Thoughts of "Making Western Things Serve for China"

洋务派“中体西用”的法律思想是在国力衰微,清朝统治“岌岌乎不可以支日月”的状况下对西方近代文明冲击的一种回应和调和,即希望通过西学来“补救”中学。洋务派成员是儒家的信徒,所以这种思想不可能超出阶级和时代的局限。但它毕竟为中西文化结合找到了一种可能的范式,其中也并不乏真知灼见。检视其中得失对于我们当今的法治建设是很有意义的。

Western Business School's Legal Thoughts of 'Making Western Things Serve for China' was a kind of echo and harmony to the impacts of western civilization under the domination of Qing Dynasty being weakened day by day, and the aim is to remedy the Chinese learning with western learning. The legal thoughts couldn't overstep the limitation of social class and era since the members of the School all believed the Confucianism. However, the legal thoughts found a possible model to connect the Chinese culture and western culture, and we shouldn't ignore the penetrating judgments in it. Generally, to view the legal thoughts is meaningful for our today's law-government building.