Research On The Contract System Of The Republic Of China

The change from status to contract is very important in human history and it is also a significant turning point in the development of the legal system.Its social impact is profound.To conduct analysis summary on the interaction of customs (contract)law in that period and civil (contract practice),this article selects a specific system that is the contract system during the Republic of China period to study.To study a system,especially the legal system,national legislation is the primary object of study.This article first analyzes the content related to the contract law in "Draft Civil law of Qing Dynasty", "Draft Civil law of the Republic of China" and the "Civil law Code of the Republic of China". By longitudinal and comparative analysis,it reveals changes of contract system in the state law.Traditional contract system is a civil common law with a long history.In our country,different areas have formed various contract practices.By starting from the historical documents of civil contract and civil society, this article conducts an empirical study on the prevailing contract system.Private contract practice in this period has some changes and also keep some traditional reservations,as a result of influence of current conditions in society.The research shows that although the practice of civil contracts are rich in content, compared with the national legislative level, the fracture or even coflict occurs between the two.The judiciary gives priority to national law when dealing with conflict between state law and civil practice.The contract system in the Republic of China period begins to put emphasis on the change from the legislative to the level of legal practice.It is influenced by the economic,political and cultural and development during this legal practice process.At the same time,customs to some extent make up for inadequate state law and state law also makes confirmation and specification on customs.The two keeps a two-way interactive relationship.