中国现代的学科建制是在极为紧迫的时空中推进的,由此导致了学术界囫囵吞枣地接受西方的理论、范式及思维方式等,这极不利于中国社会科学的发展。“关于中国”观与“根据中国”观是有关思考中国问题的两种思维类型,前者从外部出发将中国视为诊断对象,后者要求以中国为根据来思考中国。批判法学观与理解法学观是上述两种思维方式在法学研究中的表现形式。有必要分析与反思“关于中国”观、批判法学观,倡导并构造“根据中国”观及理解法学观。 The modern discipline system in China is advancing in a very tight space and time, which has led academics to embrace Western theories, paradigms, and ways of thinking in the long term, which is very detrimental to the development of social sciences in China. The concept of “on China” and “on the basis of China” are two types of thinking on thinking about China. The former considers China as the object of diagnosis from the outside and the latter requires that China be considered on the basis of China. Criticizing the view of jurisprudence and understanding the view of law are the manifestations of the above two modes of thinking in the study of law. It is necessary to analyze and reflect on the concept of “concerning China”, criticizing jurisprudence, advocating and structuring the concept of “according to China” and understanding the concept of jurisprudence.