清末“礼法之争”对现代中国法律制度的影响

Influence to China's Modern Legal System that the Controversy between the School of Feudal Ethics and the School of Law in the Late Qing

清末"礼法之争"是中国与世界法制接轨的发端。礼教派提出的变法应立足本国国情,因俗治宜,保持各自的特色,有其合理性和一定的科学性,是符合我国现阶段的立法精神的。而法理派的主张则缺少中国特色。以史为鉴,我们要在拿来和守望中学会有所选择,有所摒弃,这也是今天法治建设的题中之义。

The controversy between the school of feudal thics and the school of law in the late Qing is the origin of collaboration with China and the world legal system. The school of feudal ethics put forward the opinion that political reform should stand on the conditions of China, suit our measures to differing conditions in terms of locality, keep with its own national characteristics. It has reasonable property and scientific entity. It accord with the legislation spirit in the present. Opinion of the school of law is lack of Chinese character. Learn from history, we should with choice in studying. This is the important indexes in building the legal system.