西法东渐的历史轨迹——以晚清使节和民初法官为视角

Western Laws and China ——A View on Envoys of Late Qing Dynasty and Judges of Early Period of Republic of China

伴随着鸦片战争的失败,中国结束了与西方相隔绝的状态。作为较早踏上西方土地的一批中国人,清政府派驻外国的使节在中西方的文化交流中起到了极为特殊的作用。他们对西方世界尤其是西方法律的直观感受,为我们提供了一个独特的观察中国传统法律向近代转型的视角;而通过对民国初年司法活动的考察,则让我们对这场法律转型的历史必然性有了更深的体悟。

After being defeated in the Opium War, China was not insulated with the western world any more. As the Chinese who landed on the western world early, envoys of Qing Dynasty played a unique role in the cultural exchanges between China and the western world. Their senses of the western world especially western laws provides a special view to watch the transformation of traditional Chinese laws; not limited to that , we can learn more about it through the research on the judges of early period of Republic of China.