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西方列强的坚船利炮打破了清政府天朝上国的美梦,国家日益沦为半殖民地半封建社会。由此,中国的法律制度也踏上了近代化的漫漫长途。但是,由于当时经济、政治等一系列原因,中国法律近代化走向了失败。同一时期,与中国有着相似社会背景面临相似社会问题的日本,经过明治维新,资本主义得到了长足发展,法律近代化取得成功,一跃成为亚洲强国。本文将运用对比的方式对中日两国法律近代化过程进行比较,尝试探究清末中国法律近代化失败的原因。
The strongholds and cannons of the Western powers broke the dream of the Qing government in ascension to heaven, and the country was gradually reduced to a semi-colonial and semi-feudal society. As a result, China’s legal system has embarked on a long journey of modernization. However, due to a series of reasons, such as economy and politics at that time, the modernization of Chinese law went to failure. In the same period, Japan, which has similar social problems with China and faces similar social problems, has made great strides in capitalist development through the Meiji Restoration. It has succeeded in modernizing the law and has become an Asian power. This article will compare the process of modernization of law between China and Japan by comparing with each other and try to find out the reasons for the failure of Chinese law in the late Qing Dynasty.