洋务运动时期黄遵宪对英美法的记述与理解

Huang Zunxian’s Account and Understanding of Common Law during the Westernization Movement

洋务运动时期在出任外交官员期间,接触到英美法。他在《日本杂事诗》、使美时期以及《日本国志》中表达了对于英美法的认知与理解。在《日本杂事诗》中,黄遵宪借日本"明治维新"改革之成效,初步表达了对于英美政制的认可。在出使美国期间,黄遵宪不仅利用英美法为华侨在排华运动中据理力争,而且通过切身观察对美国的法治给予较高的评价。最终,黄遵宪结合美国政制的观察以及日本的成功经验,认为英国式的君主立宪应是未来中国政制改革的方向,并对英美法治给出了洋务运动时期最为准确的理解。

During the Westernization Movement,Huang Zunxian came into contact with common law when he served as a diplomatic officer. He expressed his cognition and understanding about Anglo-American law in Poems on Japanese Affairs,during the time when he was sent to the United States and wrote Japanese Annals. In Poems on Japanese Affairs,Huang Zunxian expressed his approval of the British and American political system by the effect of Japan’s Meiji Restoration. During his trip to the United States,Huang Zunxian not only made use of the AngloAmerican law to argue for the overseas Chinese in the anti-Chinese movement,but also gave a high evaluation on the rule of law in the United States through personal observation. In the end,Huang Zunxian combined the observation of the American constitutional system with the successful experience of Japan,believed that the British constitutional monarchy should be the direction of China’s future constitutional reform,and gave the most accurate understanding of the Anglo-American rule of law during the westernization movement.