摘要
在中國法制近代化的進程中，汪榮寶的貢獻頗為特殊，理論和學術層面上，他沒有留下煌煌巨論，但是他從實踐層面制定和完善法律，為近代法律的轉型號呼奔走，屬穩健推進法律革新的實幹家。作為近代第一批法律文書的始作俑者，汪榮寶參與編纂、修訂和審查《大清民律草案》、《大清民事訴訟律》、《欽定大清刑律》等多種律例，力圖構建中國的近代法律體系。他還參與創建近代司法制度，編訂《法院編制法》和各級審判機構的相關法規，推動司法獨立。在清末憲法制定中，他的成就尤其突出，1908年他參與編定《欽定憲法大綱》，1911年被任為協纂憲法大臣，與李家駒共同纂擬近代第一部完整成文的憲法──《欽定大清憲法草案》。民國建立後，他撰擬民主共和制憲法草案，並參與擬定《天壇憲法》，在法學界頗有影響，可謂近代憲法第一人。法制變革中，汪榮寶執著地將平等、人道主義、罪刑法定等西方法律原則移植到中國，其篳路藍縷之功應被後人銘記。
Wang Rong-Bao contributed a lot during the legal system modernization process. Though there were no books written by him, he involved himself in the practice of making and perfection of law. Being viewed as a steady doer who gradually promoted law reform, he appealed for the transformation of modern law. As one of the starter for the first batch of legal documents in mordern times, Wang Rong-Bao took part in the piling, revising and reviwing of civil law, law of Civil Procedure, new criminal law of Qing Dynasty and so on. He tried to establish the modern Chinese law system. Also he took part in the estabishment of mordern judicial system, compled law for formation of court and relevant legal system for judicial institutions at all levels and promoted judicial independence. He contributed a lot during the making of the constitution in late Qing Dynasty. He took part in the compiling of Constitution Outlines in 1908. He was appointed to be the coadjutant to cooperate Li jiajv to compile the first complete modern written constitution, draft constitution compiled by the emperor. After the founding of the Republic of China, the drafted the constitution of Democratic republican and took part in the compling of Temple of Heaven constitution. As an infuential figure, he was viewed as the first man in terms of the making of constitution. During the legal system reform, Wang Rong-Bao punctiliously introduced equality, humanism and principle of legality into China, whose contribution should be memorized by later generations.
關鍵詞
汪榮寶、憲法大綱、欽定大清憲法、民國憲法草案、天壇憲法、大清新刑律
Wang Rong-Bao、Constitution Outlines、Constitution compiled by the emperor、draft constitution of Republic of China、Temple of Heaven constitution、new criminal law of Qing Dynasty