清末法学家沈家本法律改革的思维逻辑试析

A Brief Analysis of the Logic of Shen Jiaben's Legal Reform Thought

法学家沈家本主持了清末十年的修律活动,在修律实践中形成了可贵的法学思想,强调法律是达到政治清明的途径,并在修律过程中贯彻了仁政思想。他努力学习西方先进的政治法律理论,深入检讨中国固有法律体系,会通中西,贯通古今,以中西方学术思想和历史实践为资源进行学理研究,从事法律改革,形成了修律实践的方法论,建立了与时代精神相一致的思想逻辑,具有一定的进步性,在方法上也有值得借鉴之处,是极为宝贵的历史财富。

Shen Jiaben, the great jurist at the end of Qing Dynasty, upheld the activity to repair laws for ten years. In the practice of repairing law, the valuable legal thought that law was emphasized as the way to reach political pure brightness, was formed; at the same time, the political thought of benevolence was implemented. He diligently studied western advanced political legal theory, thoroughly examined China＇s inherent legal system. Then he linked up the systems of China and the western, of the ancient and the present to conduct the scientific theory or principle research, taking China＇s and western academic thoughts and the historical practice as resources. As a result, he developed the methodology of law practice, established consistent ideological logic with the spirit of the age. They have certain progressiveness. The method also has worthwhile reference place, is an extremely precious historical wealth.