陕甘宁边区民事法律的几个问题

A Study on the Civil law of Shanxi-Gansu-Ningxia Border Region

陕甘宁边区的民事法律产生于战争年代的特殊环境,是边区法制的一个重要组成部分。其内容丰富,特点鲜明,史料保存较多,值得深入地发掘和研究。深入分析珍藏于陕西省档案馆内的历史文献和其它史料,对边区民事法律的多种表现形式,边区的民事制定法、民事习惯法、国民政府法令(边区援引)等问题可以获得新的认识,有助于我们当今的民事立法活动。

The civil law of SGN （Shanxi--Gansu--Ningxia Border Region） made in the war is an important part of the legal system of SGN. It is urgent to be explored and studied because of its rich contents and distinctive features, and also because of the complete historical data about it. The guiding ideology of the civil law of SGN included several points, that is, to seek truth from facts and insist the mass route, to carry out the route, guide line and policy of our party so as to safeguard people＇s interest, to care for the interest of all the classes and circles, and to suit for the reality of SGN. The source of the civil law of SGN included our party＇s policy, the ordinance of SNG government （including regulation, creed, decision, guiding ideology）, part of the law of Nan Jing government, and the good customs of SNG, etc. Besides, the civil law of SNG also took the forms of order, indication, answer, and so on. Order was mainly one kind of archives used by SNG government to issue some legal documents or to put out dealing methods for some concrete problems. The high court of SGN also used order to issue legal documents. Several indications given by the high court of SNG for judicial problems may also concern to civil law, so indication may also become the legal basis of concrete cases. As a source of civil law, answer referred mainly to the answers of the high court of SNG. The source of the civil law of SGN can also be divided into three categories, that is, civil statute, civil custom, and part of the ordinances of Nan Jing government. The civil statutes of SNG concerned mainly to guiding civil law systems, land law, the law of marriage and succession, the law of obligation, and the law of abating rent and interest, etc. Part of the ordinances of Nan Jing government could be directly applied according to the civil statutes of SGN, and they were also invoked by the courts of SGN as the basis of judgment in concrete cases. The SNG government made a difference between good customs and benighted ones, and propelled civil custom law by reforming the judicial system of SNG, such as the trial mode of ＂Ma Xiwu＂.