近代中国民法的社会本位立法简评

A Brief Review On Civil Law Legislation Focusing On Social Interest During Modern Times In China

2 0世纪初 ,世界范围之内的民法 ,在支柱性原则方面发生了一定变化 ,具有注重社会利益保护的发展趋势。受其影响 ,中国民法在近代化的过程中 ,实行社会本位的立法原则。这一原则 ,与中国传统法律文化形似神异 ,是超前法律移植的结果 ,对中国民法基本理念的孕育和发展起到了阻碍作用。

In the early part of twenty century, the basic principle of civil law changed in the world which showed the developing trend of paying attention to social interest protection. As an effect of that, focusing on social interest had been the lawmaking principle during the modernization of civil law of China. This principle was similar in form of but different in nature of traditional law culture of China and it was the result of premature transplant of law which had blocked the pregnancy and development of basic theory of civil law in China.