晚清法学翻译文献综论(上)

A Summary of Legal Translation Literature in the late Qing Dynasty

通过对现有目录的统计分析可以看出,在1900年之前,中国对西洋的法律文献翻译出于实用心理,集中于国际法,而且成果寥寥。1900年至1911年辛亥革命,中国进入一个法学翻译的高潮。译著大量出版,重要国家的法律相继翻译成汉语,法学学科的各个科目,几乎都有译介。一方面,清政府迫于压力不得不宣布进行改制;一方面,青年学子就近赴日留学,接触翻译了大量的日语法学文献;民间出版机构介入法学文献的翻译出版,这些合力促成了这种局面,推动了中国法律的现代化转型。与此相关的文献亟待深入发掘整理公开,方能理解这段历史的更多细节。

Through the statistic and analysis to the existing directories,we can learn that Chinese translated the western legal literatures that were focused on the international law and very little for practical purposes because of the understanding is not deep before 1900. From 1900 to 1911,the climax of translating the science of law was achieved in China,not only a large number of translation works were published and important national laws had have been translated into Chinese,but also there were almost translation and introduction on every subject of law subjects. During this period,on the one hand the government had to announced the restructuring under pressure,on the other hand the young students approached to Japan to study abroad and translated a lot of Japanese legal literatures and the private publishers involved in translation and publishing. These forces contributed to this situation and promoted the modern transformation of Chinese law. The related literature need to be further into the open in order to understand more details of this period of history.