中日法律文化交流的动因比较分析

A Comparative Analysis of Motives of Reasons for Legal Cultural Exchange between China and Japan

中日法律文化交流源远流长,其间形成了唐代和近代两个高峰:唐代中国法律文化到日本,晚清日本化的西方法律文化到中国,这种交流和影响不仅深入历史还在影响未来。因此从信息传递、政治需要、社会发展、战争胜负、国际竞争、民族尊严和法律优劣诸方面,对古代日本输入唐代中国法律文化和晚清中国输入近代日本法律文化的动机与原因进行比较分析,可以发现这种交流的双向性和典型性既是比较法律文化分析的范例,也为当下中外法律文化的交流提供了史和思的资源。

Legal cultural exchange which there were two booms： one is the between China and Japan enjoys a long history, during “Times of Laws” in ancient Japan as a result of extensive introduction of the legal culture from the Tang Dynasty; the other is the beginning of China＇s course of legal modernization as a result of the late Qing Dynasty eagerly bringing in the legal culture from modern Japan. The two-way introduction has not only a profound historical impact, but also is making itself felt in the present time and, undoubtedly, in the future. This paper, basing its comparisons and analyses on such factors as information transmission, political needs, social development, outcome of war, international competition, national dignity and superiority and inferiority of laws, is in the hope that the two-way character and typicality of such exchanges can be the modeled for com parative legal cultural analyses, and for the study of current legal culture exchanges between China and foreign.