论清末法制变革的脱中入西倾向与西学影响

Westernized transformation of legal system at the end of Qing Dynasty and influence of western theories

中国对西学的认识经历了由表及里的过程。作为政治体制重要构成的法律制度 ,同步经历了被动接受西方法学思想 ,到最终对西方法律体系的认知。这种由封建宗法法律制度向近代西方法律体系的转变 ,虽然有其残酷和痛苦的一面 ,但同时也有其进步的一面 ,这就是西学东渐、东西法律文化冲撞的最终结果。同时也标志着传承 2 0 0 0余年的中华法系到清末已近解体 ,封闭的、内国法为主的中国法律制度走上了近代法制的道路。

Chinese people’s understanding of western theories changed from the surface to the essence. The legal system, as a key factor of the political system, at first passively accepted western legal thoughts and finally understood them. Although the transition from the feudal patriarchal clan system to defective western modern legal system is cruel and painful, it is something progressive. It is the result of the western thoughts coming to the east and the conflict between eastern and western legal culture. It also shows that Chinese legal system, with a history of over 2000 years, has nearly disintegrated at the end of Qing Dynasty and the closed Chinese legal system, with domestic laws as its main content, has been developing into modern legal system.