论文部分内容阅读
《大清民律草案》是中国第一部民法典,它打破了诸法合体、民刑不分的旧体例,使民法编纂工作进入具有划时代意义的新阶段。通过《大清民律草案》,大陆法系民法尤其是德国民法的编纂体例及法律概念、原则、制度和理论被移入我国,对近现代中国的民事立法和民法理论产生了深远的影响。重新审视该草案,分析其得失,对我国法制改革仍有较大的借鉴意义。
“The draft of the Qing civil law” is China’s first civil code, which broke the old system of combining different legal systems with civil and military penalties and brought the codification of civil law into a new phase of epoch-making significance. Through the “draft of the Qing civil law,” the civil law of the civil law system, especially the codification of the German civil law as well as the concept, principle, system and theory of the law were moved into our country and exerted far-reaching influence on the civil and civil law theories in modern China. To re-examine the draft and analyze its gains and losses, there is still a great reference for our country’s legal system reform.