近代以来,世界各国民法典编纂的历史经验表明,任何一部成功的民法典都是借鉴与创造的结合,单纯的借鉴或者独创都是不可能的,历史上也不曾发生过。就是近代最早颁布施行的《法国民法典》也是在罗马法原则体系的基础上完成的。20世纪初生效的《德国民法典》虽受历史法学派的影响,加入了日耳曼习惯法因素,但潘德克顿学派的罗马法影响更有甚于法国。较之法国、德国、瑞士和日本等国相对滞后的俄罗斯的民法典编纂就更是混合了诸多因素的结果,但也不乏独创性。 Since the modern times, the historical experiences of the codification of civil codes in various countries of the world have shown that any successful civil code is a combination of reference and creation. It is impossible to draw on or create original ideas simply, nor has it ever happened in history. It is the earliest modern enactment of the “French Civil Code” is also based on the principle of Roman law system completed. Although the German Civil Code, which came into force in the early 20th century, was influenced by the law school of history and joined the German law of customary law, the Roman law of the Prentice School affected more than France. The compilation of the civil code of Russia, which lags behind that of France, Germany, Switzerland and Japan, is even more a result of mixing many factors, but there is also lack of originality.