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典,是我国长期以来形成的制度,全国各地,都广泛地存在着。但是典制,究竟起源于何时,却无从知晓。究其原因,一是我国历史上长期形成的法律上重刑轻民,没有民法典;二是过去法学界,对于典权制度,没有进行过系统的研究。但不论怎样,笔者认为,典权制度应该是随着田宅买卖制度的产生而产生的。
Code is a system that has long been formed in our country and exists widely throughout the country. However, the code system, when it originated, but did not know. The reason is that one of the long history of our country has formed the law of torture and light punishment without civil code and the second is the past jurisprudence. There is no systematic study of the canon system. But no matter what, I believe that the system of royalty should be generated with the system of Tianzhai trading.