日本人中国法律观的历史考察

The Historical Review of Attitudes towards China's Law in Japan

日本曾经在很长的时间内将中国传统法律文化视为圭臬,其法律制度基本照抄了《唐律疏议》和《大明律》的主要内容。近代以来,日本人逐渐对传统法律文化进行批判性反思,转向学习西方法律文化。并试图将日本法律文化推向整个亚洲。20世纪以来,日本人对中国传统法律文化由学习转向了研究,许多中国法律史研究著述出现,对中国传统法律文化的态度逐渐转向理性的思考。

The traditional legal culture of ancient China was considered as the bibles in Japan in a very long time. Most of the Japanese legal system copied completely the Collection of Law of Tang Dynasty and Law of Ming Dynasty in that era. In modern times, Japanese began to criticize the traditional legal culture, and commence to learn the western legal culture. Meanwhile, Japanese tried to promote Japan＇s legal culture throughout Asia. Japanese turned to study China＇s traditional legal culture from just learning it since 20th century. There have been many books studying China＇s legal history. The attitudes towards China＇s law were transferred into rational thinking.