近代中国所有权制度的形成(The Formation of Ownership System in Modern China )

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By 周子良 (Zhou Ziliang)

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民国初期是中国社会的转型时期。民初大理院奉行"会通中西,以理为本"的宗旨,借助司法判例创设或建构了一套比较系统的所有权制度。这套制度的出现标志着近代中国所有权制度的形成。于此相适应,近代中国真正的所有权权利体系也有此得以确立。大理院扬弃固有法和继受大陆法的实践,不仅为南京国民政府的司法实践积累了经验,有力地推动了中国所有权制度甚至民法的近代化,而且为当代的法治建设提供了有益的参照。大理院创设所有权制度,乃至整个民法制度的实践虽然已成为过去,但是,推事们客观认定事实、准确适用法律、大胆创设制度的真诚和勇气,以及保障私权、寻求法意、追求公正的执着和信念,却是中华民族生生不息的力量源泉。The early period of the Republic of China was a transitional period of Chinese society. In that period, the Daliyuan (the judicial organ) advocated the principle of "combine Chinese and western systems, take reason for the first" , creating or establishing a systematic ownership system with the help of judicial precedent. That system marked the formation of the ownership system in modern China. Accordingly, the rights system of ownership was also established in modern China. The Daliyuan abandoned the indigenous law and adopted civil law, which not only accumulated experience for the juridical practice of Nanjing Nationalist Government, promoted the modernization of the ownership system, and even the civil law, but also provided a reference for the contemporary legal construction. Although the ownership system and the entire civil law system set by Daliyuan were the things of past, the faith and courage for the judges to ascertain facts, use laws in accuracy and create new laws and the insistence on protecting private rights, seeking the spirit of laws and pursuing justice are the everlasting strengths of Chinese nation.

近代中国所有权制度的形成(The Formation of Ownership System in Modern China )