风雨百年路沧桑--中国近现代法学的反思

中国近现代法学自上个世纪初诞生以来至今已整整经过了百年,其间几多收获,几多遗憾。由于时代的局限性与思维的局限性,中国法学从诞生之初便走上了一条割裂传统的不归之路。这样,百年来,中国近现代法学实际上是在学习与移植外国法律和法学的轨迹上递嬗至今的。这种情况不能不一开始就导致了中国近现代法学的后趋性、无根性、脆弱性及与社会现实、民俗国情乃至文化传统的脱节性。这种情况至今仍然没能真正得其法而获根治。

Rethinking on Chinese Modern Law Science

It has already been almost one hundred years since its coming into being ,Chinese modern law science has achieved a lot and has some regret left at the same time. Because of the limitation of the times and the people's thinking ,Chinese modern law science had gone far from Chinese traditional culture just at its emergence, thus it was in fact by learning and transplanting foreign law and law science that Chinese modern law science has come to present .This state of affairs could not but led to the lagging ,fragility and the lack of foundation of Chinese modern law science and its separation from Chinese social reality ,folk custom ,popular feelings, national conditions and cultural tradition from the beginning. This state of affairs has not yet been changed and improved essentially till now.