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会审公廨和领事裁判制度的确立严重侵蚀清政府的司法主权,以沈家本为代表的清政府官员被迫开展变法修律,传统的中华法制受到西方法律制度的冲击,由此拉开了我国法制近代化的进程。以沈家本引进律师制度为例,本文将探讨在清末修律中,传统文化与西方文化的交汇碰撞,从传统讼师文化的角度来解读清末修律的本质,即法律移植与法律继承之间的关系。
The establishment of the public trial and consular referee system seriously eroded the judicial sovereignty of the Qing government. The Qing government officials, represented by Shen Jiaben, were forced to carry out the law reform. The traditional Chinese legal system was challenged by the Western legal system, The process of modernization. Take Shen Jiaben’s introduction of lawyer system as an example, this article will discuss the intersection and collision of traditional culture and western culture in the practice of law revision in the late Qing Dynasty. The essence of law revision in the late Qing Dynasty is interpreted from the perspective of traditional lawsuit culture, that is, the relationship between legal transplantation and law inheritance .