“西法东渐”的思想史逻辑及其超越

Logic of "Introduction of Western Law into the East" and the Transcendence

近代以来的中国法理学研究取得了巨大的成就,但也存在着四大缺陷,整体上而言,只能是知识之学而非思想之学。这是西法东渐所导致的结果,而西法东渐乃近世以来中国法学成败之所系。因此,我们需要探究其背后的思想史逻辑以及克服中国法理学研究之缺陷的超越之道。也即,实现法学研究从关注文本到解决问题的转变,通过"张四维"与"通三统"来实现对古今中西的糅合与超越。

In modern times, study of China＇s jurisprudence has made great achievements but it has four major defects so generally speaking it is just study of knowledge instead of study of thought. This results from the introduction of western law into the east which is closely related to the success of Chinese law. Therefore, we should probe into the logic of the thought and the transcendence over the defects of China＇s jurisprudence. Namely, we must achieve the unity of the ancient and the present and of the western and Chinese law and transcendence through ＂Zhang Siwei＂ and ＂unity of three traditions＂ to change the focus of law study from text to the solution of problems.