论文部分内容阅读
中国法律近代化，即从古代传统封建法律向近代资本主义法律转型。中国法律近代化是从清末变法修律开始的，沈家本、伍廷芳等是中国法律向近代资本主义法律转型的最早实践者。而在此前约半个世纪的洪仁 ，却是在思想上主张中国法律近代化的第一人。其主要内容与基本表征是：一、由人治到人治与近代意义上的法治相结合；二、由法律保护封建自然经济到发展资本主义经济；三、由刑、法、律到法律，由专制主义、惩罚主义到人道主义、法治主义。
The modernization of Chinese law means the transformation from ancient traditional feudal law to modern capitalist law. The modernization of Chinese law started with the reform of the law in the late Qing Dynasty. Shen Jiaben and Wu Tingfang were the earliest practitioners of Chinese law’s transformation to modern capitalist law. However, Hongren, who had been about half a century earlier, was the first person ideologically advocating the modernization of Chinese law. Its main contents and basic characteristics are as follows: First, from rule of man to rule of man and combination of rule of law in the modern sense; secondly, from the protection of feudal natural economy to the development of capitalist economy by law; thirdly, from punishment, law and law to law, Doctrine, sanctionism, humanitarianism and legalism.