自清末“西学东渐”以来,中国传统法律文化就受到了巨大的冲击。特别是晚清最后十年,不少思想家、官员和学生表达了唯有维新变化、新政、立宪才能解救危亡的国家的思想,于是法制的地位得以凸显,“变法图强”亦成为理所当然的救时济世之道。沈家本主持的修律活动第一次打破了“诸法合体,民刑不分”的法律传统,初步建立了具有现代意义的部门法。但这些法律大部分并未来得及颁布实施,清朝随即宣告 Since the end of the Qing Dynasty, “Western Learning”, the Chinese traditional legal culture has been a huge impact. In particular, in the last decade of the late Qing period, many thinkers, officials and students expressed the idea that only by making changes and rejuvenating the New Deal and constitutional order can rescue the country in danger, the status of the legal system has become prominent. As a result, The time to save the world. For the first time, the cultivation practice channeled by Shen Jiaben broke the legal tradition of “combining all kinds of law and combining civil and criminal punishments” and initially established the departmental law with modern significance. However, most of these laws were not yet promulgated and implemented and the Qing proclaimed immediately