The Codification And Debate And The Reasons For Postponement Of Implementation Of The Old Civil Code Of Meiji

In this paper, I will take the codification and debate of the old Civil Code of Meiji as the main line, analysis of the reasons for postponement of implementation of the old Civil Code. As an important element of the national legal system in modern Japan, the codification of the old Civil Code of Meiji should be given more concerns. Therefore, it is due to explore the reasons for postponement of implementation. The causal link existed in the developing process of things, there are something underlying factors which determines the postponement of implementation existed in the process of the codification and debate of the old Civil Code of Meiji, this article is aim to comprehensively reveal the reasons for the postponement of implementation.In the first part of this article, I will focus on the codification process of the old Civil Code. Through grasp the social motivation to analysis of the codification process and the characteristics of the old Civil Code itself.In the second part of this article, I will focus on the debate process of the old Civil Code. To understand the essence of it, I will analysis of the causes and the historical facts of the old Civil Code debate. The result of the debate is the postponement of implementation of the old Civil Code.In the third part of this article, I will focus on the reasons for the postponement of implementation of the old Civil Code, it is the core of this article. From the analysis of the codification process of the old Civil Code, I thought that the idea of"Quick Code theory"throughout the process of codification, which decided to the old Civil Code have a congenital deficiency in itself, and the conflicts between the old Civil Code and Japan's traditional social relations are the basic reasons of the postponement of implementation.