民初异姓养子权利的演变

On the Evolution of the Right of Adopted Son with Different Surnames at the Outset of the Republic of China

民初收养制度之异姓养子的权利义务发生了很大的变化。从立法层面看,清末民初历次民律草案制定了很多异姓养子的进步性规定,最终由于历次民律草案没有颁布,只能成为纸面上的法律文本。而在司法层面,大理院通过大量判决例、解释例来对当时适用的《现行律民事有效部分》进行变通。大理院对旧律异姓养子的规定非全部改变,但又对社会现实妥协,在倒退和进步之中寻找一种平衡,由此逐步建立了一种近代中国的收养制度。

At the outset of the Republic of China,the rights and obligations of adopted son with different surname have changed greatly.From the legislative level,the draft of civil code included a lot of improved regulations on the provisions of adopted son with different surname.However,it just turned out to be the law on paper finally because all the previous drafts of civil code didn＇t promulgate.From the judicial level,the Supreme Court accommodated ＂the Current Criminal Law： Civil Right＂ circumstances by plenty of interpretation models and judgment cases at that time.Not all the provisions of adopted son with different surname were changed by the Supreme Court.The Supreme Court tried to find a balance between the regression and the progress so as to establish the adoption system of modern China.