清末变法修律的历史动因分析及现代反思

The Analysis of Historical Reasons and Reflection of Reforms and Modification of Laws in the Late Qing Dynasty

清末变法修律为中国法律的近代化奠定了初步基础。它的启动虽然有着一定的经济基础,但更多的是清廷为了整合社会秩序和缓解各方面的压力,同时也是"自强雪耻",在社会各种势力的促动下进行的新政变法。通过大量的移植西方法律,清政府迅速的建立起较为完整的近代法律体系,但先进未必适合,制度文化与观念文化的脱节,使清政府编纂的法典只能是一个个法律文本,并没有发挥整合社会秩序的作用。

The Reform and Modification of laws in the late Qing Dynasty lay a preliminary foundation for the Modernization of Chinas law. It was started and developed on the basis of certain economy in order to adjust the social order and ease the pressure from various aspects and strive constantly to become stronger. By transplanting large amount of Western law, the Qing government established a relative integrity of the modern legal system very soon. But culture of system went adrift from the culture of concept, which made the Qing government - compiled code only a legal text and did bring the law into play in adjusting and integrating the social order.