清末民初之际,甲午海战失败、列强废除领事裁判权的期许及国外成功案例的促动,激发了法治救国论的高涨。尽管论者在如何变法的途径中存在歧义,但他们均谨守斟酌古今与中外通行的修律原则,决定了当时人们在法律观念上保有浓厚的历史主义,这毫无疑问提升了中国传统法律文化的价值,有助于法律史学科的促生。鉴于研究者阶级立场、个人识见、价值尺度之不同以及对取法西学的视点迥异,中国近代法律史学在初生之时,即产生考据派与史观派的分野,对中国法律史学研究范式产生长期影响。 At the end of the Qing Dynasty and the beginning of the Republic of China, the failure of the Sino-Japanese naval battle in the Sino-Japanese War and the expectation of the powers abolishing the consular jurisdiction and the promotion of successful foreign cases aroused the rise of the theory of saving the country by law. Although there were ambiguities in the ways in which they could change, they all followed the principles of revisionism that prevailed both at home and abroad, and decided that when people maintained a strong sense of historicism in their legal concepts, it undoubtedly promoted Chinese traditional laws The value of culture helps to promote the discipline of law history. In view of the class position of the researcher, personal opinions, differences in the standard of value, and different perspectives on the Western learning, China’s modern legal historiography at the time of its birth produced a division between the proverbists and the historians and had a long-term impact on the paradigm of Chinese legal historiography .