辉煌与隐忧:法律史学六十年评述

The Glory and the Worry Concern: Comment on the Legal History in Sixty Years

中国法律史学已走过百年历程,特别是新中国改革开放的三十年,无论是专门研究机构设置的增多、研究队伍的日渐壮大、还是研究成果的公开发表,均有长足进步,堪称辉煌三十年。但也存在着不容忽略的问题,包括既不能在法学学科内进行有效交流,也不能与历史学进行平等对话,甚至存在某种程度的"排拒";不重视文献资料建设,追求所谓的"填补空白",致使研究成果中引领学科发展的创新性论著凤毛麟角。这成为学术发展的隐忧,如不能正视并加以解决,中国的法律史学最终走不出狭小的"象牙塔",无法"成为世界法学发展的基础学科之一"。

The legal history in China has more than 100 years history. Especially nearly 30 years, it was glorious because there were more specialized research institutes, more researchers and more research achievements. However, there were some questions that can not be ignored. One question is that some researches can not be exchanged inner the legal history effectively, and can not dialogued on the History equally, even rejected the History. The other question is that the construction of documents did not get value, and only to seek ＇supplying a gap＇. These lead to innovative works in legal history can not be emerged largely. This is the worry concern in the development of legal history. If these questions can not be envisaged and solved, the legal history of China will not walk away from the narrow scope, and would not become one of elementary subjects in the development of world law.