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民初平政院在行政审判实践中的规则适用,具有融贯中国固有法制与西方移植法制之特色。在彼时民商法典尚未编定而行政权又广泛干预经济社会生活的背景下,平政院在个案裁决(主要是“财产类”裁决)中呈现出的以西法代替中法、因西法改造中法和缘中法创制新法等司法作为,是对中西民商事法制的调和融贯,更是在悄然而坚定地为民初国家治理秩序建构和行政管理活动引介、传播乃至创制新的规则,并在更深层次上影响和型塑了中国老百姓“过日子”与“做生意”的逻辑。尽管具有相当程度的过渡色彩,但民初平政院在裁决实践中的规则适用对民初治理规则的近代化转型作出了实质性贡献,其中的经验智慧值得今人思考借鉴。
The application of the rules of the Ping Yuan Yuan in the practice of administrative trial in early Republic of China has the characteristics of harmonizing China’s inherent legal system and the western transplantation legal system. At a time when civil and commercial codes were not yet laid down and the executive authorities extensively interfered in economic and social life, the Plan of Western Kingdoms in liens of China and France in the case decision (mainly “property class” ruling) The transformation of Sino-French Law and the establishment of a new law by the Sino-French Law into Western jurisprudence serves as a mediation of the civil and commercial legal systems of both China and the West. It introduces and disseminates and even creates a new system of construction and administrative activities for the order of state administration in the early Republic of China Rules, and to a deeper extent influence and shape the logic of Chinese people “living ” and “doing business ”. In spite of a considerable degree of transitional color, the application of the rules of the Ping Cheng Yuan Court in the ruling practice in the early Republic of China made a substantial contribution to the modernization of the rule of governance in the early Republic of China. The wisdom of experience among them is worthy of reference by the people today.