中国现代法学转型的路径选择

The Path Selection in the Transformation of Modern Science of Law in China

清末之际,中国法学开始了从传统律学向现代法学的转型进程,在二十世纪的历史时段里,通过派遣留学生出国学习的方式,先后继受日本法学、欧美法学、苏联法学,这三种路径选择在中国次第登场,共同作用。它们的表现形式和作用方式各不相同,都是中国现代法学发展史上的重要组成部分。在当今中国,法学发展必须重新吸收各国不同的经验,结合中国实际,实现在地发展,建设独立于西方各国法学的汉语法学。

In the late Qing Dynasty, laws and its practice in China started its transformation from traditional "Lv Xue"-the study of statutory laws-to modern science of law. In different historical periods of the twentieth century, the science of law in China successively followed and inherited its counterparts in Japan,Europe,the United States and the Soviet Union by sending students to study abroad. The path selections debuted in China after one another and they functioned together on the same stage. Although their manifestations and modes of functions are different, they are all important components in the development history of the science of law in China. In contemporary China, the development of the science of law must absorb the experiences of different countries. At the same time, considering the specific situations of China’s reality,the development must be realized in a way of getting down to earth and build a science of law with Chinese characteristics that is independent from those of the Western countries.