论清末礼教派保守主义法律思维模式的合理性

清末礼教派“轻法治,重德治”而又夹杂封建遗毒的思维的确有诸多不足,但应当指出的是,礼教派较之于法理派,更多地贯彻了法律思维上的一致性和连贯性。礼教派对法律功能的现实主义态度极具历史的合理性,表明了礼教派对清王朝为挽救危局而进行的修律活动(或曰法制变革)持一种冷静的和理智的态度,这种对法律功能的现实主义态度对实现中国社会现代化而建设“法治”国家是具有促进作用的。

On the Rationality of Conservative Confucian Thoughts about Law in the Late Qing Dynasty

At the end of Qing Dynasty,the groups who advocated for fedual ethical code ignored nomocray and thought much of governing the country with excellent virtues.There were really many demerits with their opinions,but we must keep it in mind that,compared with those groups who advocated for the rule of laws,these people did very well in following up the coherence and continuity of the thoughts on laws.This shows that these groups had a calm and reasonable attitude towards the Qing,s law reforms which served the purpose of retrieving the Qing Dynasty.This realistic attitude has promoting functions in constructing Chinese nomocray and realizing itsmodernizations.