劳乃宣法律思想略论

劳乃宣是清末修律中礼教派的主要代表人物，由于他长期在基层做官，更能注意到传统礼教在国人法律心理中的广泛性和持久性。所以在改革法律的重心和程度上，他认为各国法律的起源和分类不同，其变法也不能趋同，应该立足本国国情，因俗治宜，保持各自的特色。劳乃宣关于法律特殊性的认识和主张，如果在清末修律中运用得当，就可以相应地减少清末修律中的盲目性，使新法在吸收旧有法律的基础上更具有可操作性和权威性。这与超前立法相比，更能保持社会的稳定性，也更符合法律持续性发展的规律。

On Lao Naixuan's Thinking of Law

Lao Naixuan was the chief representative of the Ethic Faction in the Course of Alternation of law in the late Qing. As a lower level offical for a long time,he noticed the Chinese traditional ethics survived persis- tently and extensively in Chinese legal psychology. As regards the center and degree of the legal reform,he thought each country had its distinct origin and classification of law,therefore their tendences of legal reform would not be same. Every nation would reform on the basis of its own culture.culture and conditions. If Lao's thinking and proposal of law had been adopted timely and carried out properly in the legal reform of the late Qing,blindness in legal reform should has been reduced,new laws should has been made more practicable and authoritative. Compared with the legislation beforehand,this would hold the stabilization of the society,and accorded with the continual development of law in larger degree.