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检讨大陆三十年来的中国法律史研究,称得上经典的虽不多,但变化及进步则有目共睹。曾几何时,那种把中国数千年来的社会矛盾简单地概括为阶级矛盾,把一切法律都说成是“阶级斗争工具”的论著充斥学界;以论代史的现象极为突出;使用的资料较为单一,以传世的文本文献、特别是各朝律典和正史中的相关记载为主;研究范式基本上是教材式的单一研究;视角宏大,但论述和分析粗糙,观点浮泛等等。近年来,随着新史料的出现以及中
To review the study of the history of Chinese law over the past three decades in the Mainland, it is worth noticing that there are not many examples of the classic. However, changes and progress are obvious to all. Once upon a time, the kind of treatise that described the social contradictions in China for thousands of years simply as class contradictions and all laws as a “tool of class struggle” was full of scholarship; The data are more single, with the handed down textual literature, especially the relevant records in the respective codes of law and orthodox history; the research paradigm is basically a single study based on textbooks; the perspective is grand, but the discussion and analysis are rough, the opinions are floating and so on. In recent years, with the emergence of new historical materials as well