当代中国法学的流派化志趣(下)

Modern China Longing for Various Schools in Science of Law

法学流派的涌现是中国法律学人的夙愿。虽经中国法学者的多方呼吁,但法学流派的“建构”依然步履蹒跚。从对中国法学流派划分诸种观点的评析中,可以说明流派化意识是形成法学流派的重要因素。法学流派像其他任何流派的形成一样是一个自然的过程。法学研究的对象及范围、哲学基础、方法论运用、理论体系的创新等是流派形成的主要因素。当下,法学中国化是中国法学发展的方向。这就意味着中国法学应解决中国问题,法学流派的建构也不能离开这一主题。中国还没有形成具有特色的法学流派。但我们相信,在不久的将来肯定会出现具有自主“知识产权”的、能反映中国人对世界法学做出独特奉献的法学流派。这也是对法学向何处去的一种回应。

The forming of various schools in science of law, though it is not easy, has been a long - cherished wish of Chinese law scholars, in spite of whose appealing it is still far from being fruitful. By remarking on varying opinions in this field, the essay aims to show the relevant sense of it plays a significant role in achieving the goal. As it is in any other field, the forming of schools in science of law should experience a natural course, in which the major factors are the establishment of the objective and scope of law study, the philosophical basis, the proper use of methodology, and the theoretical originality. Since the present goal of Chinese law study is its localization, the con- structing of schools mustn＇ t divert itself from the theme. Although characteristic schools of law study have yet to come, China will, in the near future, contribute to the world legal theories with her own schools, which also answem the question as to the direction of Chinese law study.