清末修律中關於“無夫姦”的思想論爭頗爲激烈,引起朝廷、督撫、資政院以及報刊傳媒的廣泛關注。論辯雙方甚至人身攻擊,並各引外援,組織政黨,可謂清末思想變遷史上的難得案例。不過既存研究往往囿於傳統“禮法之爭”的論述框架,過於强調西方法理和中國禮教競爭的一面,忽視中與西、新與舊等因素其實可以並存於同人同事。論辯雙方在很大程度上分享着共同的思想資源。時人積極參與討論,其旨趣也往往不在法律本身,而是關注時政和國家的未來。其中的收回法權問題始終制約着論辯雙方的思路,禮教的地位因爲可能影響到國權而受到質疑,對於五四時期的思想道德革命不無引發之功。 The debate on the law of “no husband and wife” in the late Qing Dynasty was rather fierce, causing widespread concern among the court, governors, the media and the media. Arguments between the two sides even personal attacks and the introduction of foreign aid and organization of political parties can be described as a rare case of the vicissitudes of thought in the late Qing Dynasty. However, the extant research often focuses on the traditional “dispute between law and ritual” framework. It emphasizes the competition between Western jurisprudence and ethics education in China. It is neglected that factors such as the West, the New and the Old can coexist with their colleagues. The two sides share a great deal of common ideological resources. When people actively participate in discussions, their interests are often not the law itself, but the current affairs and the future of the country. The recall of legal rights has always restricted the thinking of both sides of the argument. The status of ethics of rites and husbands has been questioned because of the possible influence on the national rights, and there is no cause for the ideological and moral revolution during the May 4th Movement.