中国当代法学究竟应否定位为西学,这是中国当代法应该被塑造成何种学问的思维起点。虽然基于历史的原因,中国法学从一开始就与西方法学纠缠不清,但中国当代法学不是西学,它应当有自己应当解决的问题和应当承担的使命,也因此应当具有独立的品格。但不排除使用比较法学的方法获取智识和经验。 Whether contemporary Chinese jurisprudence should be designated as Western learning is the starting point of thinking for what kind of learning should contemporary Chinese law be shaped. Although Chinese jurisprudence is tangled from the very beginning with Western law for historical reasons, Chinese contemporary law is not Western. It should have its own problems to be solved and its mission to undertake, and should therefore have its own character. But it does not preclude the use of comparative jurisprudence to gain knowledge and experience.