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一、西学东渐,中西法文化的冲突中国是一个地处东北亚大陆资源丰富的国家,自给自足的自然经济长期占据统治地位,经济上的封闭性,决定了政治上的保守性和文化上的排它性,在法文化方面尤其是如此。中国古代的法文化只有纵向的传承、发展,没有横向的比较、吸收,它的确是独树一帜的,但这种独立性也造成了某种孤立性。在清朝统治时期,当政者盲目地陶醉于“天朝物产丰盈,无所不有”的幻境,坚持闭关自守和排斥与专制文化不相容的西方法文化,坚持祖宗成法不可改变。然而至1840年鸦片战争以后,中国开始沦为丧失主权国家的地位,国势日衰,危机重重。为了富国强兵,
I. Eastward Development of Western Learning and the Conflict between Chinese and Western Civilizations China is a country rich in resources in Northeast Asia. The self-sufficient natural economy has long dominated and the economic closure has determined its political conservativeness and cultural The exclusivity is especially so in the area of legal culture. In ancient China, the culture of law was uniquely inherited and developed longitudinally without any horizontal comparison or absorption. However, this independence also created some isolation. During the rule of the Qing Dynasty, those in power blindly remembered the fantasy of “heavenly richness and abundance,” insisted on self-defense and exclusion of Western legal culture that was incompatible with the dictatorship and insisted that the ancestral law be immutable. However, after the Opium War in 1840, China began to lose its status as a sovereign state, deteriorating its position and the crisis was severe. For the rich and powerful soldiers,