The Impact Of German Law On China's Civil Law In Point Of View Of The Generation And Development Of Property Law Of The Continent And Taiwan

China chose the German branch of Civil Law and developed all the way ever since the western law came to the east one hundred years ago. When the People's Republic of China was established in 1949, the situation of Separation of the continent and Taiwan began to take shape, the law of which shunted as well. This development path seemed to have been cut off since then. However, as a matter of fact, the legal cells composing of Legal methods and legal words have been set a century ago, and being taking a new effect of the development of civil law of both sides."Property Law of The People's Republic of China" was promulgated in 2007, symbolizing the completion of a major component of China's Civil Code legislation. In the same year, the Property Code of Taiwan's Civil Law was passed after being checked up three times. In the year of 2009, the general principle chapter and the ownership chapter were amended, which further improved the content of the Civil Code. The formulation and revision of property law at the same time of both sides made the great significance of comparison of the two, through which we may clearly observed the development situation of German civil law theory inherited a century ago in both the continent and Taiwan. We may also see the influence of German Law on China's Civil Law in the new era through the attitude towards German Law when making the legislation on the both sides.This paper is divided into four parts, including the introduction, the main body, the conclusion and the references.The introduction elaborates the reason of choosing this topic, briefly explaining the research situation of this topic on the both sides. In the mean while, the second half of the abstract specifies the entry point of the topic, and the model of discussion.The main body is composed of four chapters. In the first chapter, the author introduces the background of the Property code of the Republic of China--the predecessor of Taiwan's Civil Law, as well as the reason of choosing German Law the succeeded object, and makes the conclusion that it was still in the period of copying the Germany law clause and its legal model through analyzing the content and structure of the Property code of the Republic of China, which we called legal copy.In the second chapter, the author introduces the new development of the Property code of Taiwan, including the amendments in both 2007 and 2009. Through the research of Juristic Act of Real Right Theory, Numerus Clausus Principle, Maximum mortgage system, the author also reveals the two characteristics of the amendments, composed of the opening of both theory and practice inherited from German Law, as well as the opening of its international perspective.In the third chapter, the author introduces the generating process of the Civil Law of the People's Republic of China, making the conclusion that it was greatly influenced by German law through the analysis of the content and structure of the Civil Law of the People's Republic of China. One reason generates from the continuing of history, the other reason is China is referencing from German law on its own initiative in the new development period of China's law. In the meanwhile, we still point out that the Civil Law of the People's Republic of China has its own clear Chinese characteristic, and German law is only one of its inherited objects.In the fourth chapter, the author firstly makes a comparison of the Property Law of the both sides, pointing out that there are many differences between the two, but at the same time, the legal exchanging of the two sides could not be resisted in the new period. The effect of German law shall never be neglected in the process, one reason is that German law is the legal theory ground, the other reason is the platform made by the scholars of both sides through the reflection and choosing of German law.The last part is the conclusion:German law still has a great influence on China's Civil Law in modern times. With the development of legal inheriting/reference, theory inheriting/reference, practice inheriting/reference, China's legislation shall be more reasonable, and the content of German law may be going out of our sight step by step in the future. However, the method and theory of German law has been deeply rooted in China's law.