有人说中国几千年的法制史,实际上就是一部刑法史。这话虽有偏颇,但是客观上反映出我国重刑轻民的法律传统,民法一词在中国古代法律文献中虽有出处,但意义与我们今天所言的民法差之甚远,可以说民法一词实为舶来品,是东西方法律文化交流的结果。本文以物权行为理论为视角探讨了自清末以降东西方法律文化的交流情况,阐释了我国对西方民法学理论的继受。 Some people say that China’s legal history for thousands of years is actually a history of criminal law. Although biased, it objectively reflects the legal tradition of weighing heavily on the people in our country. Although the term civil law has its origin in ancient Chinese legal documents, the meaning is far from the civil law we have today, and we can say that the civil law The term is actually imported goods, is the result of East-West legal culture exchange. This article discusses the exchange of legal culture between the East and the West from the perspective of the theory of real right behavior and expounds the inheritance of western civil law theory in our country.