伍廷芳对中西方法律的认识和比较

Wu Tingfang’s View: Cognition & Comparison to Chinese and Western Law

伍廷芳认为中西方法律的目的、性质和作用在本质上是相通的,其发展变化也有规律可循,由此论证改革中国封建法律的可行性,并且坚定了“以西法援中律”的信心和决心。中西法律最大差异在于:中国司法附属于封建统治体制,西方司法具有相对独立性;在于中国法权无自主可言,西方则“首重法权”。从而主张引进西方法律,以其法理原则改革中国封建主义的法制传统。

Wu Tingfang believed that the essence of function, nature and purpose of laws from China and Western countries are the same. And their development and changes can be regular to follow. The feasibility for the reform of the Chinese feudal law can be witnessed, thus the faith and determination were made to formulate Chinese law based on the western countries law. The most difference between Chinese feudal law and western countries law is that Chinese judicature belongs to feudal ruling clique. However, the western judicature is relatively independent. In old China there was no independent for personal right. In western world it is firstly attached to the legal right. It is necessary to introduce the western legal principle to transform Chinese feudal legal system.