试论沈家本汉律研究的目的与方法

On the Purpose and Methods of Shen Jia-ben Studying Laws of Han Dynasty

沈家本在研究汉律时,抱着搜集史料以存汉律原貌,既探其源,又析其流,且经世致用的目的。为此,他不仅广集史料并予以整理、剖析,而且将汉律与前此法律(尤其是周代法律)、后代法律(尤其是唐律)进行联系、比较,还就某些敏感问题提出自己的见解,旨在为人们提供借鉴。

When studying laws of Han Dynasty, Shen Jiaben held the purpose of trying to conserve the original condition of laws of Hart Dynasty in collecting the historical data,in which he did researches on its origin as well as analyzed its development as to make it serve for the society. Therefore,he not only collected a lot of historical data and neatened and analysed them,but tried to compare laws of Han Dynasty with former laws （ especially the laws of the Zhou Dynasty） and afterworld laws （ especially the laws of the Tang Dynasty） ,and then found their relations. Besides, he brought forward his own opinions on some certain sensitive issues in order to provide people with some lessons for reference.