论文部分内容阅读
1902年,刑部左侍郎沈家本,奉光绪的谕旨领衔修律,但在随后的修律中,沈家本顺势推动了政府层面的司法改革,这对中国随后的社会进步,尤其是法治上的变革,产生了较深远的影响。在百余年后重新审视和思考沈家本领衔的修律以及更艰难的司法改革,既有重大的历史意义,更具有现实价值。在系统梳理沈家本领衔修律和司法改革后,可以发现,它们在法律体系和法治精神等层面,都产生了广泛而深远的影响。
In 1902, the order of Shen Zhaoben and Feng Guangxu led by the left minister of the Ministry of Punishments was rectified. However, in the subsequent revision, Shen Jiaben promoted the judicial reform at the governmental level, which resulted in the subsequent social progress of China, especially the change of the rule of law The more far-reaching impact. After more than one hundred years, re-examining and thinking about Shen’s ability to work in law and the more difficult judicial reform are both of great historical significance and more realistic values. After systematically reviewing Shen’s ability of discipline and judicial reform, we can find that they all have a far-reaching and far-reaching impact on the legal system and the spirit of the rule of law.