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传统观点认为,清末法制改革“中外通行”的指导思想是清政府出于“满足西方列强的政治需要”的被迫所为,且反映出一种“拿来主义”的思想倾向。但史实证明,“中外通行”的修律思想既是晚清中国法制近代化的必然要求,也是当时中国人民收回治外法权的现实需要,清政府在修律过程中的大量借用西法尤其是日本法也有其合理性,故而绝不能简单地予以否定。
The traditional view is that the guiding ideology of the reform of the legal system in the late Qing dynasty and the passage of “foreign countries” was that the Qing government forced itself to “satisfy the political needs of the Western powers” and reflected a “fetched” Mindset. However, historical facts prove that the thought of cultivation of laws on “foreign-oriented” communications is both an inevitable requirement for the modernization of China’s legal system in the late Qing Dynasty and a practical need of the Chinese people to recover their extraterritoriality at that time. The Qing government borrowed a large amount of western law, especially Japanese law It also has its rationality and must not be simply rejected.