略论中国法律传统的断裂与承继

在西方强势法律文化的冲击下,独具特色的中国法律传统自清末修律开始发生断裂,其后以法律移植为主要方式实现法制现代化的中国现代法律在取得一系列成绩的同时也付出了巨大代价。法律传统的自身演进逻辑与不可毁弃的价值促使我们应当承继和发掘传统法律中的优秀资源,以有益于当前中国法治社会建设。

A Brief Talk of The Fracture and Inheritance of Chinese Legal Tradition

With the forceful shock of western legal culture, the specific legal tradition of China bigan to break out from the time of later Qing dynasty. And ever since the modern Chinese law had gained a lot of achievement by means of transplantation of western law, but at the same time it had also paid for great cost. The own development logic and important value demands that we should inherit and explore the useful resources to make contribution to develop our society with rule of law.