论清朝末年法制变革模式

On the Modes of the Transformation of the Legal System in the Late Qing Dynasty

法制改革是晚清新政的一项重要内容。围绕中国法制与西方法制如何衔接、并轨，晚清曾出现了张之洞、沈家本两种不同的变法模式。从宏观看，沈家本模式代表了中国法律发展演进的主流方向，而以张之洞为首的礼教派人士的主张亦不容忽视。正视并充分估量法制变革的难点与阻力，以渐进方式逐步推进法制变革，实为清末法制变革的上上策。

The reform of the legal system was one of the important contents of the new policies adopted by the authorities of the late Qing Dynasty. Two different modes of transforming the legal system were recommended respectively by Zhang Zhidong and Shen Jiaben concerning how to link and join Chinese legal system with Western one. Broadly speaking, Shen's mode of trans- formation represented the leading orientation of the development and evolution of Chinese legal system, but those propositions initiated by the Confucians headed by Zhang Zhidong were by no means negligible. In fact, the best policy for the transformation of the legal system in the late Qing Dynasty days should have been to carry forward the transformation of the legal system step by step by acknowledging and fully accessing difficulties and obstructions in the transformation.