本文对刊行于清末民初的双语学术期刊《中德法报》展开研究，介绍其刊行机关、背景和主要内容，并对其特点及所展现的德国法学家的比较研究视角展开分析。 《中德法报》是青岛特别高等专门学堂于1911年至1914年间主办的中德双语法学学术类期刊。在1911年德国法学家劳睦贝来华担任学堂法政科负责人后，在他的主持下，《中德法报》开始刊行；1914年，在日军的围攻下，胶州湾沦为战区，学堂被迫关停，《中德法报》因失去刊行的机关而停刊。 《中德法报》的撰稿作者群体多为任教于学堂法政科的德国法学学者，并有赖于通译官的主持及学员的协助，得以呈现出中德双语的形式。此外，当学堂或法政科的重要人物去世时，《中德法报》会以追悼为由刊登其遗作，如任学堂总稽察的蒋楷及曾任教于学堂法政科、去世时已离职返德的赫善心等，在去世后均有遗作登报。 《中德法报》共八期十册，设置论说、出版物推介、问答、判词择要等栏目，内容涵盖中国法律改革、德国法律及法学发展、法理学讨论等多个方面，其中以中国法律改革的相关研究为最核心命题。《中德法报》尤为关注中国刑律的改革，在亲族问题等代表性问题上，整体呈现出更接近于晚清礼法论争中礼教派的观点；此外，也对选举制度、官制、司法行政、租界特别法律等问题展开了讨论。 《中德法报》对于中德两国法学交流颇具意义。其内容的选取，体现了德国法学家对中国近代法律转型的关注和凝视，而这可能是由于中德两国在近代化的政治进路和法律发展中存在微妙的相仿，从而构成一种“先行者”和“后进国”之间的关系，德国作者群体基于此视角，展开比较分析并提出可供借鉴的先行经验。在上述凝视视角下，《中德法报》呈现出以下的特点：其一是贯穿于内容和编排中的比较视野，其二是保守主义的法学和政治倾向，其三是潜在的殖民主义色彩。 概言之，《中德法报》的双语结构、作者群体、内容选取和关注视角，投射出近代中德法学交流的独特位面，也为研究近代中国的法律改革和法律转型提供了新的窗口。
This paper studies on German-Chinese Legal Journal, a bilingual academic journal issued in the late Qing Dynasty and early Republic of China, introducing its issuing agency, background and main content and analyzing its features and the comparation perspective from the German legal scholars. German-Chinese Legal Journal is an academic journal sponsored by German-Chinese University in Tsingtao from 1911 to 1914 and published in both German and Chinese. After German jurist Kurt Romberg came to China as the head of the Law Department of the University in 1911, under his direction, German-Chinese Legal Journal began to be published. In 1914, under the siege of Japanese army, Tsingtao became a war zone and the University was forced to shut down. Losing the Issuing agency, the journal stopped publication. The authors of the articles on the journal are mostly law scholars from Germany who taught in the Law Department of the university. Relying on the host of the interpreter and the assistance from the students of the University, the journal could be presented in a Chinese-German bilingual format. In addition, when an important person of the school or the law and politics department passed away, for mourning, his posthumous work would be published on German-Chinese Legal Journal, such as Jiang Kai, the Inspector General of the University and Harald Gutherz, who used to teach in the Law Department and had already resigned and went back to Germany despite. There are 10 volumes and 4 main columns in the journal, including argumentations, recommendations of the latest legal publications, questions and answers and abstracts of court verdicts. The contents of the journal cover several aspects, such as Chinese legal reform, German law and its development, nomology and so on. The journal paid particular attention to the reform of Chinese criminal law. On issues of representation like familism problems, the view presented is closer to the ethics & rite school in the Rite vs. Law Debate in the Late Qing Dynasty. Besides, issues such as electoral system, bureaucratic establishment, judicial administration and special laws in Concessions were also discussed. German-Chinese Legal Journal is of great significance to the legal exchanges between Germany and China. The selection of the contents reflects the focus and gaze from the German authors to the legal reform in modern China. It could be caused by the implicit similarity between the legal and political development of modern China and Germany. A kind of relationship between the “foregoer” and the “latecomer” was constructed. Under such a view, the German authors expanded their comparative analysis and offer advanced experiences as reference. In general, a comparation perspective is widely used in the journal not only inside the contents but also presented in the edition. On the other hand, it also presents a conservative legal and political tendency as well as a potential color of colonialism. All in all, the bilingual structure, the author group, the edition of the contents and the perspective of attention of the German-Chinese Legal Journal provide a unique aspect of the legal exchange between modern China and Germany as well as a new window for the study of legal reform in modern China.
