变法与革理──20世纪中国法学发展的逻辑

整个２０世纪,中国法学的发展与否和政治变革对法学的宽容与否紧密相关：清末变法与修律,是中国传统法学与现代法学的最后对垒;从预备立宪到“五四”运动,法学的独立品格开始显现;救亡与内战时期,法学重新政治化;新中国的革命与改革时代,法学又经历了从依附政治到再次相对独立的过程。回首２０世纪,政治化法学而不是法学化政治,是中国法学的发展逻辑。

On Reforms and Abolishing Old Legal Theories

Whether the science of law could develop in China throughout the 20"th century was closely related to whether political reforms took a tolerant attitude towards it. The desired reforms and revising the existing laws at the end of the Qing Dynasty constituted the last battle between the traditional science of law and science of law. From the years for"constitutional preparations"at the end of the the Dynasty to the "any 4" Movement of 1919, the independent character of science of law started Presenting itself, While from the years for national salvation and to the civil war period, science of law became politicalized again. During the revolutions since New China was founded in 1949,and during the years of reform and opening to the outside world, Science of law has gone through the processes of attaching itself to politics and of becoming relatively independent.Looking back over the 20th century, we can conclude politicalized science of law instead of legalized politics' was the logic in the development of Chinese science of law.