论清末修律中法理派的近代化情理观及其实践

On the Modernized View on Qing and Li of the Law Faction and Its Practice in the Law Amending of Late Qing Dynasty

清末修律中的法理派对中国传统法律文化情理观进行了继承和发展,并使其具有了近代意义上的丰富内涵。法理派的近代化情理观是其融会贯通中西法理精神的理论基础。法理派在主持、参与清末修律的过程中使其近代化情理观得到了具体实践,从而促进了对部分基本人权法律保护的初步实现,有利于中国传统法律从顺因情理到保护人权的近代化转型。

In the law amending of late Qing Dynasty,the law faction inherited and developed the view on Qing and Li of the Chinese traditional law culture,and made a rich connotation with modern sense. The modernized view on Qing and Li of the law faction is a theoretical basis,for they digest Chinese and western jurisprudent spirit. The law faction made it possible for their modernized view on Qing and Li to have the concrete practice in the process of the law amending of late Qing Dynasty that they presided over and participated in,promoting the initial realization for the law to protect partial fundamental human rights,in favor of the modern transformation of Chinese traditional law from maintaining Qing and Li to protecting human rights.