国际法观念与近代中国法律改制

The Sense of National Law and the Reform of Modern Chinese Law

清朝统治者被迫接受不平等条约的史实使国人尝到了对己“不平等”的苦头,于是,传统的以“刑”为轴线的法体制、法观念开始向近代转型。由此现之,虽然清末立法改制的原因是多方面的,但为争取废除不平等条约而有意识地向西法靠近,并与西方的国际法接轨,无疑是中国近代法制转型的一个主要因素。

The fact that the rulers of Qing dynasty were forced to accept unequal treaties made Chinese experience the bitterness of 'inequality'. So, the legal system and sense taking 'punishment' as the axe began to transform to the modern ones. Judging from this, though the reasons for the reformation of legalization in the later period of Qing dynasty were various, yet no doubt, it was one of the main factors of the transformation of China's modern laws through consciously approaching to the western international laws and linking them in order to abrogate unequal treaties.