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近代西洋国家本质上为法律国,近代中国法制转型因之以法典翻译为先导,藉由法典翻译继受西洋近代法典,进而通过施行所编纂的法典建构、塑造近代法律国的基本规模。近代中国的法典翻译始自甲午前后,至清末民初10余年间,因清末修律、立宪运动以及留日法政风潮达至巅峰。以法典翻译为先导展开的清末修律、立宪运动为中国奠定了近代国家的基本规模。随着南京国民政府确立“六法全书”的完整版型,近代中国的法典翻译事业落下帷幕。因近代中国法典翻译以留日法政人“由东译华”为主体,“东语”法律术语的全面胜利势属自然,难以苛责。“东语”法律术语在20世纪20年代经由“语文涵化”的过程得以全盘整理,中国本土的法律术语体系初步形成。
Modern Western countries are essentially legal states. In modern China, the transformation of the legal system is guided by the translation of the legal code, and is inherited by the modern Western Codex by means of Codex translating. Thus the basic scale of the modern legal state is shaped through the implementation of the codified Codex construction. In modern China, the translation of the codes started from around noon to the end of the Qing Dynasty and the beginning of the Republic of China more than 10 years ago, reaching a peak due to the revision of the law in the late Qing Dynasty, the constitutional movement and the law and order in Japan. The translation of the Codex as the guideline for the cultivation of law and order in the late Qing Dynasty, the Constitutional Movement has laid the basic scale of the modern country for China. As the Nanjing National Government established the full version of the “Six Legal Encyclopedia,” the translation of the code of law in modern China came to a close. Due to the fact that in the modern Chinese legal code translation, the majority of legal terminologists who stay in Japan and whose main body is “Translated by East” are unconscionable and hard to blame. In the 1920s, the legal terminology of “Dong-dong” was systematically sorted out through the process of “language cultivation”, and the legal terminology system in China was initially formed.