On The Civil Code Of The Republic Of China Of The German Civil Code Of 1900, Following By

In the late Qing Dynasty and early Republic of China, ancient China was under immense pressure. The economic, political and cultural condition had changed great. And modern civil laws were urgently needed. Just at the special time, Nanjing Guomin government formulated the first civil code of China-.This code inherited and accepted the 1900 a great deal in its legislation methods and content. The superficial reasons were that the was excellent and the Japanese civil laws could introduce it to China. But the essential reasons lay in that Germany and China had similar political background and law tradition.The legislators of the code thought carefully about the differences and similarities between China and foreign countries, and showed some nous during the inheriting and accepting course. Legislation methods aspect: The code inherited and accepted the famous five-part structure of the , but refused its old system which divided civil law and business law as two, then adopted the advanced system which combine civil law and business law as one; As legislation technique was concerned, the combination of history and reality, the arrangement from abstract expression to specific expression, the combination of proper generation and typical examples... were all resultsof the inheriting and accepting. Legislation content aspect: Looking though the whole code, we could find most content directly inherited and accepted the , but legislation about social commonweal and principal of equality displayed innovation during the inheriting and accepting course, and hocking legislation embodied respect to traditional civil laws.This inheriting and accepting is a landmark on the developing way of modern civil law theory and system construction in China; but on the other side, the inherited and accepted civil laws were hardly executed. We can always learn something from history. So during the course of formulating the new civil law code now, we should deal well with the relationship between exceeding legislation and paralleled legislation; and the law should take on both somewhat internationalism and somewhat nationalism; experts should participate in the legislation course, but above all, it should be a civil code for the people. So long as, we can formulate an excellent civil law code.