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中国是法制文明发达最早的国家之一。在四千多年的法制历史中,曾经出现过“缘法而治”的封建法治,如春秋战国至秦统一时期的法治。封建时代的法治,是不能用近代资产阶级宪政条件下的法治观点来加以衡量的。它是本土文化的产物,是中华法制文明的重要标志。1840年鸦片战争以后,中华民族遭遇的危机,促使一批爱国的士大夫、官僚奋起救亡图存,把改革的触角伸向国家制度领域,主张实行君主立宪政体和法治。这是近代意义上的法治,是西学东渐以后,外来文化影响下的产物,是中国传统法制走向近代化的标志。
China is one of the earliest developed countries in the legal civilization. In more than four thousand years of legal history, there have been “rule by law” rule of feudal rule, such as the rule of law from the Spring and Autumn Period to the Qin period. The rule of law in the feudal era can not be measured by the viewpoint of the rule of law under the constitutionalism of the modern bourgeoisie. It is a product of local culture and is an important symbol of the legal civilization of China. After the Opium War in 1840, the crisis the Chinese nation encountered prompted a group of patriotic doctors, bureaucrats to save their lives and to save the tentacles of reform toward the field of state system and advocated the implementation of the constitutional monarchy and the rule of law. This is the rule of law in the modern sense. It is a product of the influence of foreign cultures after the graduation of Western Learning. It is a sign that the Chinese traditional legal system has become modernized.