晚清豫派律学及其法治实践

Henan School of Law and Its Legal Practice in the Late Qing Dynasty

晚清时期,刑部形成了豫派律学和陕派律学。豫派律学家既是传统士子,亦是律学专家,躬耕刑部多载,在法律方面具有较高造诣。相较于陕派律学的丰富历史遗产,豫派律学囿于史料的缺乏,在学界影响较小。豫派律学家的作品主要集中于诗歌、随笔,专门的律学著作较少。晚清朝廷的政治氛围、豫派群体的同科士子之情,以及豫派对豫省的关心和扶持,是促进豫派律学形成和发展的重要原因。豫派律学家修己率身、公正司法,讲求法理的灵活运用,面对近代西方法律的冲击,作为传统法律的坚守者,其给出了时代的思考,对于把握近代法律转型有重要意义。

In the late Qing Dynasty,the Ministry of Justice formed Henan School of Law and Shaanxi School of Law.Scholars of Henan School of Law were both traditional scholars and legal experts who had been practicing in the Ministry of Justice for many years and had had high attainments in law.Compared with the rich historical heritage of Shaanxi School of Law,Henan School of Law has relatively smaller influence in academia due to the lack of historical materials.The works of Henan School of Law scholars were mainly poetry and essays,with few specialized works on legal studies.The political atmosphere of the late Qing court,the friendship among Henan legal scholars,and Henan scholars concern and support for Henan Province were important reasons for promoting the formation and development of Henan School of Law.Scholars of Henan School of Law cultivated themselves,administered justice impartially,and stressed the flexible application of legal principles.In the face of the impact of modern Western law,as defenders of traditional law,they had offered their thinking of the times,which was of great significance for grasping the transformation of modern law.