| Hu Hanmin is a political figure who played an important role in the reconstruction of China’s legal system in the early 20 th century.Hu Hanmin,a young man,entered a private school and studied in Japan.In 1928,Hu Hanmin became president of the Legislative Yuan and presided over the legislative work of the Nanjing National Government.In the process of presiding over the legislation,he advocated that the civil code should be formulated first to "establish the scale of China’s rule of law".In terms of the style of civil code,Hu Hanmin advocated "the integration of civil law and commercial law".He believed that this style not only conforms to the actual situation of Chinese society,but also conforms to the trend of modern legislation.In the process of making the civil code,he advocated taking the advantages of China and the west,absorbing the principles of modern civil law in the west,accepting and reforming the traditional resources of China,taking "social standard" as the basis,pursuing individual interests subordinated to social interests,balancing the contradictions of all social classes,respecting and protecting the weak.Hu Hanmin’s thought of civil law is fully embodied in the civil code of the Republic of China: "the integration of civil law and commercial law",and adopts the title structure of civil code of "civil law system";with the purpose of "social standard",the property ownership and contract freedom are properly restricted,and the principle of no fault liability is implemented;the legislation of permanent tenancy and pawn right is reformed,while respecting the tradition of familism,advocate equality between men and women.Hu Hanmin’s thought of civil law conforms to the trend of civil legislation in the modern world,and has an important influence on the modernization of Chinese civil law.Many of its contents are still of reference significance for the formulation of civil code today.Of course,Hu Hanmin’s civil law thought and legislative practice are inevitably influenced by social objective conditions and personal subjective conditions,which have certain limitations and one sidedness. |
