沈家本:中国近代比较法学的开拓者

沈家本开近代中国中西法律横向比较的先河,他通过对中国传统法律沿革得失的认真考察,通过与西方法律的综合比较,得出中西法律可以互补的真知灼见,他在主持清末修律时“会通中西”,翻译和引进西方的部门法学,主张效法西方的法治,改良清朝的司法制度,使中国法制走向近代化的开端。无论从理论上还是实践上,沈家本都不愧是中国近代比较法学的奠基人和开拓者。

Shen Jiaben:The Pioneer of Chinese Modern Comparative Law

In the Chinese modern history, Shen Jiaben is the poineer of the horizontal comparison of Chinese law and Western law. Through his careful review of traditional legal evolution in china and the comprehensive comparison with that of the West, he drew a conclusion that the two systems of laws are complementary, which reflected his penetrating judgment. While in charge of the law amendment at the end of the Qing Dynasty, he succeeded in combining the laws of China and the West, translated and imported western departmental laws. He advocated carrying out judiciary reforms by means of emulating the western legal systems, which initiated the modernization of Chinese legal systems. Shen Jiabenis the founder and pioneer of Chinese moderncomparative law theory as well as the practice in this area.