北京大学法科的缘起与流变

发布时间：2018-03-04 10:09

本文选题：北京大学　切入点：法科　出处：《近代史研究》2015年03期 　论文类型：期刊论文

【摘要】：中国现代意义上的"法科"自日本传入,历经长期、曲折的发展和演进,至20世纪30年代几经国家的规训而定型。清季京师大学堂法学教科体系从思想、文本到制度建构,近承日本,间接以德国为模范,亦因本土文化心理制约,发生由"政科"、"政法科"到"法政科"的特有流变。民国初年,确立由法律学门、政治学门和经济学门合组的大陆派法科样式。五四新文化运动前后,东吴大学法科成立,北京大学法科被单独授受法律的"法律学系"所取代,英美普通法派权势日炙,改写了长期由大陆法派主导法学界的格局。旋因"中法系"执掌中央教育行政,法国学派乘势而起,确立社会学取向的法学院建制。国民政府统一后,在司法"党化"背景下,大学学制美国化与法学教科大陆派走向相辅而行。
[Abstract]:The "law science" in the modern sense of China was introduced from Japan, experienced a long and tortuous development and evolution, and was finalized by the national discipline several times in 1930s. Japan has taken Germany as a model indirectly, but also due to the restriction of local cultural psychology, there has been a unique change from "political science", "political science branch" to "law science branch". In the early years of the Republic of China, the branch of law was established as a branch of law. Before and after the May 4th New Cultural Movement, the law department of Soochow University was established, and the law department of Peking University was replaced by the "Department of Law", which was awarded separately by law. Rewriting the pattern of law circles dominated by the continental law school for a long time. The French school took advantage of the trend and established the sociological orientation of the law school system. After the unification of the national government, under the background of judicial "partisanization", the French school took the lead in the administration of central education. The Americanization of the university system and the mainland school of law education tend to complement each other.
【作者单位】：河北师范大学历史文化学院;
【分类号】：D90-4

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