The Interpretation-models Of Civil Ownership In The Republic Of China Period

In the colorful legal history of China, the first half of the 20th century is the most excellent period of it. the chinese legal system in the disintegration corrupted.lt became an important problem that how to realize the inheritate the western legal system and traditional legal culture. as a kind of the legal intepretations.The interpretation-models are intepretations that according to legals questions the highest judicial organs explained,after being published, they will be made in to examples,then it will have universal legal powers,and go through the world. therefore, the intepretation-models have very strong character of practice,and it played a very important part in the legal construction.since there are lots of intepretation-models in the Republic of China,the author only pick out some intepretation-models of civil ownership as objects of research.The interpretation-models of civil ownership in the Republic of China period is one of the quite colorful part.human can't live without materials, the characteristic of modern civil law lies in protection on the utilization of the private materials and the system of private property system.the ownership is the core and basis of civil rights. therefore, the intepretation-models of ownership in the Republic of China will make important sence.This article mainly includes four parts. The first part of this paper introduces the development and basic situations of the intepretation-models of ownership, such as the ownership of the anthranilic and explain cases development process, operation mode, law source nature, explain must according to, etc.The second part analyzed the main context and characters of the intepretation-models of ownership,I will divide the intepretation-models of ownership period into Beijing Temporary Regime period and the people's democratic government period,and clear its basic contxt,then I summarized different characteristics of different periods. The third part described the inheritation of the chinese and western legal systems,it includes the inheritation of the western intepretation-models and transformation of chinese interpretation-models. the fourth part described the embodiment and symptons,sunmmarize the illustratin of it to the current legal construction.Through the semantic analysis and comparative categories of the intepretation-models of ownership in the Republic of China period,that the creation and development of intepretation-models of ownership are the combination of the inherent law and historical law.the intepretation-models of ownership in the Republic of China are the inheritance of western legal system and transformation of chinese legal tradition. as a branch of the modernization of ownership,the intepretation-models reflect some characters of modernization of ownership in the Republic of China,,It also reveals that in our contemporary legal construction, we should respect the status of inherent law of the development of resources, In addition, the practice of intepretation-models of ownership in the republic of china, can lead us to pay attention to the role of judicial interpretation, and emphasize improving the judicial personnel's quality.