中国是一个具有悠久法律传统的国家,在漫长的历史发展过程中形成了世界五大法系之一的中华法系,这已是学界不争的共识。清末以降,随着大量西方法律的移植,中华法系开始慢慢解体,中国走上了法律近代化的道路。然而,在法律近代化过程中,我们不可避免地会受到中国传统法 As a country with a long legal tradition, China has formed one of the five largest legal systems in the world in the course of its long history. This is an indisputable consensus of the academic community. In the late Qing Dynasty, with the transplantation of a large number of western laws, the Chinese legal system began to slowly disintegrate and China embarked on the path of legal modernization. However, in the process of legal modernization, we will inevitably receive the traditional Chinese law