清末司法改革中的满汉同法研究

A Study of Manchu-Han Equal Law in the Judicial Reform of the Late Qing Dynasty

清末新政, 是近代中国近代以来的一大事件, 法制改革也影响中国法制建设。清末, 内忧外患的形势迫使清朝统治者自1644年入关以来满汉不同法的政策难以继续, 废除满汉不同法、满汉异制的不合理性是清末司法改革的一个内容, 统一满汉刑律。清末司法改革在一定程度上影响了当时社会的发展, 对中国的法制建设是有益的。但是, 清末司法改革是从维护封建统治者利益出发的, 是晚清统治阶级企图维护自己统治最后的一点挣扎, 不可能真正达到中国法制建设的现代化, 只能随着清王朝的灭亡而烟消云散。

The New Policies of the late Qing Dynasty were a significant event in modern Chinese history, and the reform. of legal system has also affected the development of China' s legal system to a certain extent. In the late Qing Dynasty, due to internal and external crises, the long-standing policy in which the Qing rulers had enforced different laws for Manchus and Han Chinese ever since entering China in 1644 could no longer be maintained. Thus, an important aspect of the judicial reform. of the late Qing Dynasty was the abolition of the unreasonable system of separate laws for Manchus and Han Chinese and the unification of criminal statutes. This reform. had a profound impact on society at that time and was conducive to the development of China’s legal system. However, the judicial reform. of the late Qing Dynasty originated from the interests of the feudal ruling class and represented their final attempt to preserve their rule. It was impossible for such reforms to truly modernize China’s legal system, and ultimately, they disappeared with the fall of the Qing Dynasty.