近代化背景下的律学教育——以《大清律讲义》为视角

Law-learning Education in the setting of Legal Modernization:on the View of "Teaching Materails of Qing's Laws"

在清末法制改革的背景下,为培养法科人才,佐理新政,修律大臣奏请设立了法科学校,"大清律例"为这些学校开设的课程之一。身兼律学馆、大理院讲习所、京师法律学堂、京师法政学堂四处讲习的吉同钧以笔代舌,作《大清律讲义》,以备教学之用,并付梓印行,广为流传。从该讲义的内容,我们可窥探法制近代化背景下,律学教育秉承法制改革、培养实用人才的宗旨,一方面继承传统注释律学的传统,另一方面也融合了西方法制文明的成果。

On the background of Qing＇ s legal reformation during its last time, in order to educate lawyers and assist reformation, the minister of legislation applied to establish law schools, which offered ＂Great Qing＇s Laws and Disciplines＂ as a major. Ji Tongjun, who assumed four offices of Law - learning Collage, Daliyuan Training Class, Capital Law School combined, wrote ＂Teaching Materails of Qing＇ s Laws＂ which were then published and spread for his teaching career. In the content of this very book, we can learn how law -learning theories took the legal reformation and educating practical talents to its purpose on the one hand, and inherited the tradition of annotating law - learning and merge the legal reformation＇ s achievement on the other hand.