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沈家本对中国传统法律有着全面而精深的研究,并领衔修律之举,开创了中国法律近代化。他重视中国传统文化,对旧律有着深厚的感情与洞察,深受儒家思想的影响,主张先德后刑,反对不教而杀;同时主张引进西法,谋求与西法的融合。他不拘泥于古法,不鄙薄古法,取古法之意,采西法精华,谋求中西法的融合,是他整个立法思想的要旨所在。沈家本作为中国法律近代化开创者,在法典结构上打破了诸法合体,民刑不分的传统结构,在法律范畴体系上大量引入不曾有过的概念,使两千多年的以封建法制为核心的中华法系开始瓦解,并且其中的很多概念和原则至今仍为我国所沿用。
Shen Jiaben had a comprehensive and profound study of Chinese traditional law and led the cultivation of law and order and initiated the modernization of Chinese law. He attached great importance to Chinese traditional culture and had deep feelings and insights on the old law. He was deeply influenced by Confucianism, advocating the first punishment before being punished, opposing not to teach and killing; at the same time, he advocated the introduction of the Western Law and sought the integration with the Western Law. He did not rigidly adhere to the ancient law, did not despise the ancient law, took the ancient law, the essence of Western France and sought the integration of Western and Chinese law, which is the essence of his entire legislative thinking. As a pioneer of the modernization of Chinese law, Shen Jiaben broke the traditional structure of combining legal system and civil penalty in the structure of legal code and introduced a lot of concepts that have not been existed in the system of legal category so that the legal system of feudal China The core Chinese law system began to disintegrate, and many of the concepts and principles still used in our country today.