The Study On Civil-law-interpretation-models Made By The Supreme Court In Early Republic Of China

As a big transform period in Chinese history, the early Republic of China saw many kinds of contradictions and coincides such as traditional and modern,Chinese and western values' conflicts.Law and realityjustice and politics were seeking a balance in intense.In social legal system,the application between new and old laws was easily born up problems at that time,while the legislative institution congress could not carry out its function properly and could not take its responsibility well.In order to unify the guidance of justice,the highest national judicial institution----the Supreme Court,according to the demand of the times,undergone a part legislative right of congress by prejudication and interpretation model,which remedied the defect of legislation and played an important role as a regulator in practice.Therefore,the interpretation-models made by the Supreme Court in early Republic of China had some historical significance in modern legal system's history.The interpretation-models made by the Supreme Court in early Republic of China were produced with certain historical necessity and possibility.There was a specific mode of operation.The interpretation-models'content and function were also very rich and unique.In this paper,I will analyse the civil-law-interpretation-models made by the Supreme Court in early Republic of China. It can enable us to study what important role the civil-law-interpretation-models played in Chinese civil law's modernization's progress.Meanwhile,it can lead us to think about our current judicial interpretation work.In specific researching process,this paper will firstly analyse the producing causes of the civil-law-interpretation-models made by the Supreme Court in early Republic of China,locate their nature and examinize their mode of operation and special style with it.Secondly,this paper will begin to analyze the specific content of the civil-law-interpretation-models made by the Supreme Court in early Republic of China so that we can summarize their characteristics. Thirdly,the paper will explore the civil-law-interpretation-models'function and find the meanings behind it.Finally,I will think furtherly about the process of Chinese civil law's modernization and the current situation of the judicial interpretation's work and get some inspirations.This paper will mainly use seveal ways as follows in researching process.First,the researching method.The main source that this paper uses is the civil-law-interpretation-models made by the Supreme Court in early Republic of China.They are all of the original first-hand hitorical information.The process of collection,collation and interpretation on these historical information shall be a researching process.Second,the method of classification.This method is mainly reflected in two aspects.One is classification and collation on the civil-law-interpretation-models made by the Supreme Court in early Republic of China.The other is the analysis and interpretation on the specific content of the civil-law-interpretation-models.I will collate the civil-law-interpretation-models made by the Supreme Court in early Republic of China in accordance with modern civil law's mode as five series including general principle,creditor's rights, property,kinship and inheritance.Basing on such work,I will analyze the specific content.Third,comparative method.This method was used in two aspects.One aspect is reflected in the analyzing process of the content of the civil-law-interpretation-models made by the Supreme Court in early Republic of China based on classification,which mainly refers to the solutions'comparison between the civil-law-interpretation-models in early Republic of China and the traditional civil laws.The other aspect is applied to the discussion of the current judicial interpretation's work in China,which is mainly to compare the current situation of our judicial interpretation's work with the civil-law-interpretation-models made by the Supreme Court in early Republic of China.Fourth,the method of analysis on the logic of semantic.When we analyze the specific content of the civil-law-interpretation-models made by the Supreme Court in early Republic of China,we are abound to be carefully studying their language environment and practical significance word by word.Fifth,the inductive method.That is mainly applied to conclude the general features basing on the analysis to the five series of the civil-law-interpretation-models.From the analysis to the apecific content of civil-law-interpretation-models made by the Supreme Court in early Republic of China,this paper will summarize some general characteristics,study that the Supreme Court in early Republic of China was how to deal with the conflicts between old and new laws by the civil-law-interpretation-models made by the Supreme Court in early Republic of China and resolve the problems between natural and westearn laws in civil law's modernization's process.On the other hand,through discussing the function and significance of the civil-law-interpretation-models made by the Supreme Court in early Republic of China and comparing the current situation of our judicial interpretation's work with it,this article will find out the current problems and get some referance to method from the civil-law-interpretation-models made by the Supreme Court in early Republic of China.