The Birth Of Dian In Civil Law

This paper studies the birth of the dian(as a right in civil law)in the Modern Chinese History of law as a narrative construction.This process started due to the unique internal and external pressure of China in the end of 19 th century and the beginning of 20 th century,and have little to do with earlier history.The narrative it built was deeply embedded in the most mainstream and strong linear-progressive idea of that period before the beginning.It is responsive and formalized,and starting point of this narration is definitely not earlier than the late Qing Dynasty.In the legal reform movement in the late Qing Dynasty,the debate on the principle of the legal reform movement has established a modernized narrative framework that takes into account the new and old,the China and the West,to pursuit the good.Which is extremely inclusive that the narrative construction of dian in Modern China has never goes beyond it.However,the specific treatment in the draft of the civil law of the Qing Dynasty,setting the real estate pledge but no dian,is not a important part in this narrative.The period of Beiyang government is a complex transitional period,expressions of this period are ambiguous,however the practical law,the justice of Supreme Court(Daliyuan),the scholars' opinions and the draft civil law of the Republic of China make a common expression of dian that dian is not the real estate pledge.Until the period of Nanjing government,organized by the reformed Kuomintang,professional lawyer and politians worked together,made the civil code of the Republic of China with a right named dian promulgated in a short time.The enforcement of the code and the right mean the ending of the narrative construction and narrative itself,which determined the appearance and meaning of the story.Things like that dian is a great custom and dian as a civil law right is a usufructuary right are determined in the narrative,even being absolutist and universalized.After the civil law code`s enforcement,when the published academic works and the unsuccessful revision in 1944 just gave some unimportant details for the story,the failure of Kuomintang in 1949 completely destroyed the narrative itself.In general,this construction of narrative and the narrative it built are products of their own times,and reflects the core characteristics of the times,which are born in history and disappeared in history.