关于中国古代有无民法这个论题,自清末变法修律至80年代法学复苏一直多有争论,但肯定者也极少论及中国古代民法文化的特征。在今天制定民法典的征途上,透视传统民法文化的特征,汲取传统文化的积淀,对于制定一部具有真正中国意义的民法典有重要的意义。 There is much controversy over the legal reform in the 1980s since the reform in the late Qing Dynasty had been revolving around the issue of whether there was any civil law in ancient China. However, affirmatives rarely discussed the characteristics of the civil law culture in ancient China. On the journey of formulating civil code today, it is of great significance to clarify the characteristics of the traditional civil law culture and learn from the accumulation of traditional culture in order to formulate a civil code with true Chinese significance.