晚清输入域外法律文化的选择

晚清的变法修律,是通过参照域外先进法律文化来完成的。在输入域外法律文化时,晚清经历了一个选择过程。最终选择以大陆法系为参照法系、以日本为参照对象国,优先输入公法文化,再逐步引进私法文化,实现了中国法制由传统向近代的转型。晚清政府之所以作出这样的选择,既有主观原因,也有客观原因;既受到国内因素的制约,也受到国际因素的影响。在当时的时代背景下,晚清在输入域外法律文化时所作的选择,不是偶然的,具有一定的历史必然性。

On the Selection of Inputting Extra territorial Legal Culture in the Late Qing Dynasty

The amendments to the law and political reforms of the late Qing Dynasty were completed by referring to the advanced extra-territorial legal culture.When inputting extra-territorial legal culture,the late Qing Dynasty went through a selection process.The final choice was to introduce public law culture first,and then gradually introduce private law culture,with mainland law as the reference and Japan as the reference country,thereby transforming China’s traditional legal system into its modern form.The reasons why the late Qing government made such a choice include both subjective and objective ones;it was influenced not only by domestic factors,but also by international factors.In such a historical period,the selection of inputting extra-territorial legal culture by the late Qing Dynasty was not made by chance,but has a certain historical inevitability.