西学东渐与法律门的变迁

19世纪中国以来,西学东渐是一个事实,中国学人无法回避,而作为以为法律人,作者关注的是西学东渐背景下中国法学研究的变迁历史。本文试图从四个部分来阐述西学东渐与法律门的变迁历史。第一个部分是解读西学东渐的历史背景,即近代中国的衰败是引发西学东渐的最大历史原因;第二部分是在中国衰败的大背景下,法律和法学在灾难深重的中国,无论如何,总算逐渐兴起了;第三个部分则是在整个西学东渐和近代中国的背景下,法律和法学的变迁发展;第四个部分则是分析当代法学界关于如何应对西学东渐问题中各家观点基础上提出自己的观点。

The Arrival of Western Academy into China and the Change in the Law Areas

Since the 19th century, it has been a fact that the Western academy came into the Eastern world, which could not be resisted by the Chinese scholars. As a scholar of law, what the present writer concerns about is the history of how the research in this area in China changed under the background of the Western academy came into the Eastern world. The present paper intends to discuss on the change in history in four aspects： Part 1 interprets the historical background of the Western academy coming into the Eastern world, for which the decli- ning in China at that time is the main causative factor. Part 2 interprets that under such a background, law and the science of law began to arise in the disaster-ridden China. Part 3 is about the changes and development of law and the science of law in China. And Part 4 provides the writer＇s view on the basis of the views held by the Chi- nese scholars today on the issue of the Western Academy coming into China.