北京大学法科的缘起与流变

The Origin and Evolution of Peking University's Law Department

中国现代意义上的"法科"自日本传入,历经长期、曲折的发展和演进,至20世纪30年代几经国家的规训而定型。清季京师大学堂法学教科体系从思想、文本到制度建构,近承日本,间接以德国为模范,亦因本土文化心理制约,发生由"政科"、"政法科"到"法政科"的特有流变。民国初年,确立由法律学门、政治学门和经济学门合组的大陆派法科样式。五四新文化运动前后,东吴大学法科成立,北京大学法科被单独授受法律的"法律学系"所取代,英美普通法派权势日炙,改写了长期由大陆法派主导法学界的格局。旋因"中法系"执掌中央教育行政,法国学派乘势而起,确立社会学取向的法学院建制。国民政府统一后,在司法"党化"背景下,大学学制美国化与法学教科大陆派走向相辅而行。

China's 'law department' in the modern sense was introduced from Japan and experienced a long,complicated process of development and evolution until it was finalized in the 1930 s,following the issuance of several government regulations.From texts to the construction of systems,the teaching system of the law department of the Imperial University of Peking in the late Qing period direcdy followed Japan,while indirectly taking Germany as an example.Because of the psychological constraints of local culture,it also experienced a change from a 'politics department' to a 'politics and law department.' At the beginning of the Republican era,the Continental law system composed of law,politics,and economics was established.At the time of the May Fourth New Cultural Movement,the Law Department of Dongwu University was established,and the law department of Peking University was replaced by 'the Department of Law,' which alone taught law.The school of English and American common law became more and more powerful,rewriting the system of Continental law,which had long dominated legal circles.Soon after that,because graduates of the French-Chinese University controlled the central educational administration,the French School began to dominate,establishing a sociological orientation for the system of the law college.After the Nationalist government unified China,against the background of ' modeling the judiciary in the image of the party,' the Americanization of the university system proceeded in coordination with the Continental approach to legal education.