评析沈家本与清末修律

On Sheng Jia-ben and revising law at the end of the Manchu Dynasty

发生在19世纪和20世纪之交的中国近代法律改革,是在沈家本的统领下完成的。这次改革是在考察了中国固有法律的沿革得失,研读了西方资本主义国家法律的基础上,结合中国两千年的封建历史文化传统,大量删改了清律中落后与野蛮的部分,制订出一系列具有资本主义性质的法典法规,一举打破了延续两千年的封建专制主义的法律体系,奠定了中国近代法制的基础。本文着重阐述沈家本在此次修律过程中所持的法学观点和修律主张。

The Chinese modem law reform which occurred in the turn of 19th century and 20th century. Was completed under Sheng Jia-ben＇s command. On the foundation of inspecting success and failure of the Chinese inbberent law evolution, reading the west capitalist country law and combining the Chinese feudalism historical and cultural traditions for 2000 years. This reform had deleted massively the backward and the barbaric part of the law in the Manchu Dynasty. made a series of laws and regulations with capitalism nature, broke the legal framework of the feudal autocracy which had continued for 2000 years at a blow and had laid the taw foundation of Chinese modem times. The article elaborates emphatically sheng Jia-ben＇s legal viewpoint and his stand for revising law in the process of revising law.