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自清代中叶始,与传统社会迥异的近代经济、政治和社会生活,便呼唤对传统法律进行近代化改造。洋务运动尤其是戊戌变法对此都作过积极的尝试,但均告失败。《辛丑条约》签订后,中国完全陷于半殖民地半封建社会,民族危机空前严重,维新之论不息,革命思潮突进。在内外交困的情况下,
Since the middle of the Qing Dynasty, the modern economic, political and social life, which is quite different from traditional society, has called for the modernization of traditional laws. Westernization Movement, especially the Reform Movement of 1898 made an active attempt, but both failed. After the signing of the “Xin-Chou Treaty,” China was completely trapped in a semi-colonial and semi-feudal society. The ethnic crisis was unprecedentedly serious. The theory of reform did not cease to flow, and the revolutionary trend of thought burst incessantly. In the case of internal and external difficulties,