民国初年遵从民商事习惯风格之考证

Verifications on the Following of Civil and Commercial Custom Style during the Initial Stage of the Republic of China

民国初年国家的立法机关能自觉认同民商事习惯的法律价值,审判机关则时常援用民商事习惯进行司法活动;北洋政府司法部曾根据审判官员的呈请,组织多方面力量对民商事习惯进行过广泛的调查;民初还形成了关注民情风俗的社会风尚。民国初年遵从民商事习惯的史实,实则是我国法制现代化初期“关注社会生活”的理性表达方式之一。

During the initial stage of the Republic of China, the state legislative could consciously recognize the legal value of civil and commercial customs, and the trial body could carry out judicatory activities through quotation of civil and commercial customs. Upon the petition of trial officials the justice ministry of the Beiyang Government did comprehensive researches on civil and commercial customs by organizing various kinds of forces, and a social fashion concerned with folk custom took shape during this period. The historical evidence of following civil and commercial customs during the initial stage of the Republic of China is actually one of the modes of rational expression for the “concerning with the conditions of social life” in the initial stage of our country＇s legal system modernization.