摘要
近年來，大陸的中國法制史學在法學界正處於被「邊緣化」的困境中，其突出表現是：研究隊伍的「四多」、「兩快」，研究成果的「六多」、「三少」及其「法理化」傾向，在本科法學課程體系及國家司法考試科目中面臨被淘汰的危機，省部級以上科研專案的設立逐年遞減甚至沒有，中國法律史學會的「法理學」化跡象。而走出「邊緣化」困境的路徑是：處理好史料與研究方法的關係，在法律史料整理方面下死功夫，以歷史主義的眼光評價、繼承學界前輩的研究成果，強化學術規範的訓練，培養良好的學術風範，加強與海外同行學者的學術交流，避免重複性研究，深化專題性研究 ，寫出「精品」和有個性的作品。
In recent years, the research of Chinese legal history is located in a 「marginalization」 position in the legal science research in mainland China. This can be found in follow phenomenas: Its researchers were" more than four forms " and " two quick ways "; the achievements were full of 「six characters ", and short of " three characters "; and it’s at the tendency of been treated as Jurisprudence. It’s almost in the crisis of been abandoned in the undergraduate course of legal science and the subject course of National Judicial Examination. The research item at the provincial or departmental level is decreased year by year,and the researchers in the Institute of Chinese legal history were mostly apply themselves to the research of jurisprudence. To escape from this 「how-d'ye-do」, we should first processes the relations between the historical materials and the methods of its research properly, then take the clearing up of the historical materials as a main task. We should also appraisal and inherit the achievements of the senior researches in a historical perspective. At last, in order to avoiding the duplicated research, and do more special research, make more "masterpiece", and make more works with individuality, we must strengthened academic standard training, and cultivate a nice style in research, do more academic intercommunions with the overseas scholars.
關鍵詞
中國法制史學、邊緣化、出路
The Chinese legal history, Marginalization, Outlet