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清末新政初期,伴随着《法国律例》、《日本破产律》的翻译出版以及《大清破产律》的编订颁布,“破产”一词经历了一个明显的词意转换的过程,基本摆脱延续千年“家破产荡”的传统意蕴,形成近代债务解决机制的法律概念。商部以《法国律例》为准,将“破产”分为“亏蚀倒闭”、“诈伪倒骗”两种情形;又以《日本破产律》为底本,将原拟“债律”之名最终改定“破产律”。通过对“破产”一词的解析,可以大致梳理西学西艺、西法西政进入中国的渗透过程,同时揭示国内官、绅、商、学各界人士面对传统、近代因素的不同调适,最终导致近代中国知识和制度体系转型的景象。
In the early days of the New Deal of the late Qing Dynasty, along with the promulgation and promulgation of the translation and publication of “French Laws” and “Bankruptcy Laws in Japan” and the “Bankruptcy Law”, the term “bankruptcy” underwent an obvious process of converting words into words. The basic Get rid of the traditional meaning of continuing the millennium “bankruptcy ” and form the legal concept of the modern debt settlement mechanism. The Ministry of Commerce, taking the “French Law” as its criterion, divides “bankruptcy” into two situations: “loss of capital and bankruptcy” and “fraudulent fraud”; and based on the “Japanese Bankruptcy Law,” the original Proposed “debt law ” the name eventually changed “bankruptcy law ”. Through the analysis of the word “bankruptcy”, we can roughly sort out the infiltration process of Western Arts and Western France into China. At the same time, we can reveal that in the face of the different adaptation of traditional and modern factors, Eventually lead to the transformation of modern China’s knowledge and institutional landscape.