自晚清法律改革,民、刑分立观念扎根中土,在中国旧地寻觅民法踪迹的旅程便已开始。这种尝试,在不同时期,因了不同需求,或受不同刺激,而有不同的表现。在历史研究中使用现代概念、范畴和分类既不可避免,也是必要的和有益的,但应明确区分事实与规范、功能与意义两个层面,如果运用不当,这种研究很容易变成当代人的偏见甚至研究者个人好恶在历史中的投射,而产生对历史的遮蔽和扭曲。为此,在非西方历史研究中,研究者应该把源自西方的现代概念视为具有认识意义的参照,而非用来解释历史的标准。应超越各种非此即彼、黑白分明的历史叙述,面对高度复杂、微妙的历史与社会现象,既能深入其中,又能出乎其外,通过审慎的比较和深入的分析,辨析不同传统的同中之异、异中之同。 Since the law reform in the late Qing Dynasty, the concept of separation of the people and the criminal has taken root in Middle-earth and the journey of seeking traces of civil law in old places of China has begun. This attempt, at different times, due to different needs, or by different stimuli, and have different manifestations. The use of modern concepts, categories and classifications in historical studies is both inevitable and necessary and beneficial, but it should be clearly distinguished between the two dimensions of facts and norms, functions and meanings, which, if used incorrectly, can easily become contemporary Prejudice and even individual researcher personal cast in the history of projection, resulting in the cover and distortions of history. For this reason, in non-western historical studies, researchers should consider the modern concept originated in the West as a reference with a cognitive significance rather than as a criterion for explaining history. We should go beyond all kinds of historical narratives that are not black and white, and face complicated and delicate historical and social phenomena that can both penetrate into and out of reach of other countries. Through careful comparison and in-depth analysis, we can distinguish between different The same with the traditional differences, different in the same.