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自清季《大清民律草案》以迄国府时期《中华民国民法典》,近代中国共拟定了三部民法典草案。然政潮汹涌,法典或胎亡或迁徙。民法总则内容结构亦几经递嬗,法政硕彦们在传统与西潮间衡酌,于欧陆诸国体例间取舍。杂糅德、日、瑞等多国现制,结合本土实践,甚至有所创造。尤其国府时期,为民商合一立法模式下民法总则内容结构之安排提供了典范。综合立法政策、司法经验、外国专家建议、法学菁英的学述等因素,最终形成以德国民法为基础,兼采日本、瑞士、苏俄等近世最新民法之长的总则体例。相较于欧陆老师并不逊色,或可称为为比较民法之集大成。虽然民法典未能落实于实践,但近代法政硕彦的智识贡献与体例创制,仍可垂范当下。
Since the Qing Dynasty, “the Qing civil law draft” to the period of government since the “Republic of China Civil Code,” China recently formulated a total of three draft Civil Code. However, the political surge, Codex or fetal death or migration. The content of the general rules of civil law has also been changed several times the structure of the Sovereignty, Sovereignty and Sovereignty in the balance between tradition and the West, in the European countries, the trade-off between. Mixed with Germany, Japan, Switzerland and other multinational system, combined with local practice, and even create. Especially during the period of the government, it provided a model for the arrangement of the content and structure of the general law of civil law under the legislative mode of integration of civil and commercial interests. Comprehensive legislation, judicial experience, foreign experts’ advice, the study of elite law and other factors, and ultimately the formation of the German civil law as the basis, and Japan, Switzerland, Russia and other recent civil law of the general principles and methods. Compared with the European teacher is not inferior, or can be called for the collection of civil law. Although the Civil Code failed to be implemented in practice, but the contribution of modern science and law Soyohiko’s contribution to the system of creation, can still hold the moment.