一、中国比较法的发展历程比较法作为一门研究不同法律制度之间关系的学科,它的发展与不同国家和地区之间的相互交往有着密切的关系。在闭关自守的条件下没有必要产生比较法,无论中外都是如此。凡是比较法发展较快的时期,都与一个相对开放的环境相联系。总体上说,在古代和中世纪之所以不能产生比较法,就是因为当时的各国基本上处于相互封闭、隔离的环境中;之所以在那个时期个别阶段、个别国家曾经出现过比较法的萌芽,也无不是与当时各国之间的相互交往的特殊环境有着密切的关系。我们不否定比较法的纯粹学术意 I. Comparative History of Comparative Law Development in China As a discipline that studies the relationship between different legal systems, its development has close relations with the interaction between different countries and regions. It is not necessary to have a comparative law in the context of self-defense, both at home and abroad. Any period where the comparative law develops rapidly is associated with a relatively open environment. In general, the reason why comparative law can not be developed between ancient and medieval times is that the countries of that time were basically in a closed and isolated environment. The reason why individual countries had witnessed the germination of comparative law in individual stages of that period was also that of comparative law None of them is closely related to the special environment of interaction between various countries at that time. We do not deny the pure academic intention of comparative law