清代律学兴起缘由探析

Exploration on Reasons for the Emergence of the Legal Interpretation and Annotation Theory in Qing Dynasty

清代律学是中国古代传统律学发展的最后阶段,也是官私并举及一时之盛的发展阶段。它兴起于顺康朝,发展于雍乾嘉道朝,直至晚清引进西法大规模修律始为西方法学所取代。在专制主义高度发展的清朝,清律学何以兴起、发展且绵延二百余载而不衰,传承明律、重视司法、执法者注律以及律注法律化,是重要原因。

The legal interpretation and annotation theory in Qing Dynasty is at the final stage of the development of traditional legal interpretation and annotation theory in ancient China, and is at the peak stage of developing official and non - official interpretation and annotation simultaneously. It emerged in Shun dynasty and Kang dynasty, developed in Yong dynasty, Qian dynasty, Jia dynasty and Dao dynasty, and started to be replaced by western legal thought until introducing western legal thought and massive law amendments in late Qing Dynasty. The main reasons why the legal interpretation and annotation theory in Qing Dynasty emerged, developed and thrived for more than two centuries in Qing Dynasty with highly developed absolutism are inheriting the law in Ming Dynasty, placing importance on the administration of justice, law executors interpreting and annotating law, and legalizing the legal interpretation and annotation.