沈家本与中国法学的传承及新生——纪念沈家本先生逝世九十周年

沈家本先生主持的清末法制变革不仅是中国法律近代化的开端,而且也推动了中国法学由传统的律学走向近代法学。本文在探讨沈家本的法学观的基础上,分析沈先生对中国传统法学的传承和对中国近代意义上的法学的催生所作的贡献,并引发我们今天应如何对待传统法文化的思考。

On Shen Jiaben's Contribution to the Jurisprudence of China

This thesis analyses the great contribution made by Shen Jiaben, the famous jurist in Qing Dynasty, to the science of law of China, in the early 20th century. During the sharp transition from the traditional legal science, more frequently named lüxue, to the modern science of law, Mr. Shen made great efforts to preserve and inherit the traditional Chinese legal culture, as well as to foster the new legal science, by introducing and spreading western legal concepts and principles, thus laying eventually a solid foundation for modern law research in China. In addition, inspiration is drawn from the transition: how should we treat the legal tradition?