简论志田钾太郎与清末法制改革

Kotaro Shida and the Reform of Legal System in the Late Period of Qing Dynasty

志田钾太郎虽作为清末法制改革中被清政府以高薪聘请的日本法律专家,却在消极被动的心理状态之下,背负着日本政府"方便以后日本在中国开展一系列活动"的政治目的,带着对中国人的鄙视,来到清国。随后在一年多的时间里迅速完成了其帮助清政府编纂商法典的任务。以上因素就决定了志田钾太郎在晚清的商法改革中无法发挥积极有效的指导作用。

Kotaro Shida, a Japanese legal expert, was invited by the Chinese government to help reform its legal system in the late period of the Qing Dynasty. But he came to China, bearing disdainful of the Chi- nese people and with an evil political purpose of facilitating a series of activities to be carried out later in China by the Japanese government. During his short stay of over a year, he accomplished the task of help- ing the Chinese government compile the code of Commercial Law. All the above elements combined pre- vented him from playing an active role in the legal reform in the late period of Qing Dynasty.