中国法制改革认知取向的考述与评析

A Critical Review of the Trends of Cognition in Chinese Legal System Reform

晚清以降 ,中国法制的百年改革运动颇为艰难曲折 ,值得我们深入反思。该文就是对于这一法制改革的两种认知取向———法律移植论与本土资源说进行考述与评析 。

Since the late Qing Dynasty, the reform of Chinese legal system has been in progress for one hundred years with difficulties and setbacks. The phenomenon is worth considering. This article reviews and analyzes the two trends of cognition in Chinas legal system reform. One is the view about law transplant, the other is the view about native resources. The article might offer some profitable reference for Chinese legal system construction.