中国和日本的法制近代化都是伴随着十九世纪中叶相对高度发展的西方文明强烈冲击进行的,都是循立法者立法思想的轨迹而开展,但立法思想上接受近代法制的主动性、对西方法制认识的程度和改革旧有法制的深度皆有不同,使两国法制近代化的困难程度和最终结果都差之千里。因此得出法制近代化成败决定于立法思想差距的结论。 The modernization of the legal system in both China and Japan was accompanied by the strong impact of the relatively high-level development of Western civilization in the mid-nineteenth century. All of them are based on the trajectory of the legislators’ legislative thinking. However, the legislative thought has the initiative to accept the modern legal system. The degree of awareness of the western legal system and the depth of the reform of the old legal system are different, so that both the difficulty and the final result of the modernization of the legal system in both countries are far behind. Therefore, it is concluded that the success or failure of the modernization of the legal system is determined by the gap between the legislative thoughts.