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1930年代初,国民政府立法院在制定《中华民国民法典》之《亲属法》与《继承法》过程中,就是否继续保持家族制度、效法西方采行个人本位主义,进行了充分的探讨。以胡汉民为代表的立法委员虽然同意形式上保存家制,但坚持全面改造传统家族制度。法学界则存在不同观点,胡长清、郁嶷等人要求彻底废除家制,且依西方个人本位主义精神改造两法,而南京三五法学社则持适当保留家族制度的观点;外国法学专家及顾问也主张国民政府改造两法的力度应该适当,太过激烈无益。透过这场立法讨论,可以窥探西方个人本位主义立法思潮对中国的复杂影响。
In the early 1930s, the Legislative Yuan of the National Government Government fully discussed the issue of whether to maintain the family system and follow the principle of individualism in the West in the process of formulating the “relatives” and “succession laws” of the Civil Code of the Republic of China. Although legislators represented by Hu Hanmin agreed to formally save the family system, they insisted on completely reforming the traditional family system. There are different opinions in the field of law. Hu Changqing and Yu Yutai demanded that the system of family be completely abolished, and that the two laws should be reformed according to the spirit of individualism in the West, while the Nanjing March 5 Law Society held the view that the family system should be properly preserved. Foreign legal experts and consultants It also argues that the Kuomintang government should make appropriate efforts to reform the two laws so that it is too fierce and ineffective. Through this legislative discussion, we can get a glimpse of the complicated impact of Western individualist legislative thinking on China.