| This paper is focusing on the contract system of the Republic of China (1912-1949), and the goal is discussing the changes of law and folk practice about contact during the period. This paper is composed of six parts:Chapter I is 'Introduction', to definitude some essence concepts, including the intension and extension of 'Contract', the composing of the 'Contract System', and the principle of the "Neoteric Contract System", etc. It's also explained the time range, main materials and the research method in this part.Chapter II is 'the Contract System in Traditional China'. Which is not reviewing the contract system during the ancient time of china one by one, but treats the tradition of the contract system of China before starting modernize as a whole to research. It wants to be definitude that before the transformation of the traditional contract system of China, what is the situation, what is the characteristic, and how it influenced the modernization process of the contract system.Chapter III is 'the Motivation of the Modernization of the Contract System of China'. It'll be analyzed that why the contract system of the Republic of China changed. It's also explained the background of the modernization of the whole contract system in China. The result is: there were so many changes happened in economic, culture and politics of modern China, that it became the motivation which promote the establishing and developing of modern contract system. The development of commercial economy and the growing up of modem city generated the inherent request for the development of the modern contract system, and provided the action space. The spreading of the initiatory thoughts of bourgeois was propitious in building up people's equality and liberty idea. The liberation to human nature by the "Xinhai Revolution" in 1911 endowed people with the personality of independence, liberty and equality, established the principle of legal protection on property. These changes must require breaking the traditional contract idea, while establishing the modern contract system. The changeover from 'Jianshang' (humbling the commerce) to 'Zhongshang'(respect to commerce) stimulated the development of Chinese industry and commerce significantly, as well consequently developed the transformation and development of Chinese commercial contract system. Finally, the process of transmitting the modern law from the west to the east, which was beginning at the middle of 19th century, led the transformation of the whole traditionallegal system of China at the beginning of 20th century. It had made the model for the development of the modem contract law, and established the foundation.Chapter IV is 'the Transformation of the contract law in the era of Republic of China'. The changes of the contract law will be discussed on three aspects: the form, the structure and the content.First is the change of the contract law's form. There are two periods during the development process of the contract law's form in the era of the Republic of China, namely the transition period of Beiyang Government (1912-1928) and the mature period of Nanjing Government (1927-1949). The contract law of Beiyang Government is including the relative content of the 'Civil Valid Portion of Active Criminal Law', and huge numbers cases of adjudication and judicial explanation, of which the adjudications and judicial explanations of the Dali Court (the supreme court) exert more important action. Because of the enforcement of the civil code, there was a great progress in the contract law of Nanjing Government of the Republic of China.Second is the change of the contract law's structure, which was mainly showed as the rapid development of the commercial contract law. In structure, the contract law is composed with the civil and commercial contract law, but due to the recognition of agriculture and despising commerce in the history, commercial law had not developed until neoteric booming of industry and commerce. And during the Republic of China era, the commercial...
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