一传统中国是一个偏好建章立制、编纂法典的国家,从中国历史的第一个朝代夏朝编纂《禹刑》肇始,截止到末代王朝清朝的《大清律例》,几乎每朝每代都有成文的法典编纂公布。这种偏好,很容易使人以为我们的法律传统和大陆法系是同属一脉的。因此,中国在清末变法修律时不自觉地把有相同偏好、属于大陆法系的法、德和日本作为法律移植的对象。即 A traditional China is a country that prefers to set up a system of rules and regulations and codifies the code. From the beginning of the compilation of “Yu’s Punishment” in the Xia Dynasty, the first dynasty of Chinese history, until the end of the Qing Dynasty, There is a written codification of the codification proclamation. This preference makes it easy to assume that our legal traditions are the same as the civil law system. Therefore, at the time of reform in the Qing Dynasty, China unconsciously took the laws of France, Germany and Japan, all having the same preferences and belonging to the civil law system, as the object of legal transplantation. which is