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1902年至1911年,在厉行“新政”和“仿行立宪”的招牌下,清政府进行了中国法律近代化的修律活动。围绕着修律指导思想的确立问题,出现了以张之洞、劳乃宣为首的礼教派(又称家族主义派、国情派)和以沈家本为代表的法理派(又称国家主义派、反国情派)。从1906年至1911年,双方产生了继春秋战国争论之后,中国法律思想领域的第二次大规模争论,史称“礼法之争”。最终,《刑事民事诉讼法》未予公布即废,而《大清新刑律》未及资政院全部议完即由清王朝上谕颁布。
From 1902 to 1911, under the signboard of implementing the “New Deal” and “imitating the Constitution”, the Qing government carried out the law-breaking activities in the modernization of Chinese law. Around the issue of the establishment of the guiding ideology of cultivation, there emerged the rites (also known as the sectarianism and nationalism) headed by Chang Chih-tung and Laonai Xuan and the school of legalists represented by Shen Jiben (also known as the nationalism and the anti- Country School). From 1906 to 1911, the two sides produced the second large-scale controversy in the field of Chinese legal thought after the dispute between the two countries in the Spring and Autumn and the Warring States Periods. In the end, the “Criminal Procedure Code” was not announced immediately, but the “Great New Criminal Code” was not promulgated by the Supreme People’s Court of Justice just after the completion of the Supreme Court.