中国和日本在 1 9世纪末、2 0世纪初各自开展了一场以引进西方发达国家法律制度为主要内容的轰轰烈烈的法制变革运动。然而 ,具有东方传统的中、日两国 ,在引进西方法律制度的过程中 ,尤其是在对外来法制大量吸收而尚未充分消化的近代化前期 ,都不可避免地出现了外来法制与本国 At the end of the nineteenth century and the beginning of the twentieth century, China and Japan each conducted a vigorous law-based reform movement that mainly introduced the legal system of the developed western countries. However, in the process of introducing the legal system of the West, especially in the early modern period in which the foreign legal system was largely absorbed and not yet fully digested, both China and Japan, with their eastern traditions, inevitably had the appearance of foreign legal systems and their own countries