“亲属”概念在近代中国民法文献中之变迁

The Change of Relative Concept in Modern China Civil of the Literature

近代民法典之亲属编历经五次立法活动,关于亲属、亲属种类、亲属范围、亲等等亲属概念,一直处于摇摆之中。因此,对民法亲属编概念的梳理,显得很有必要。在此基础上,解读晚清民国时期立法条文与司法实践之间的断裂,真实还原"亲属"相关概念如何实现从传统到近代的变迁。

The volume of relative of the modem Civil Code after five legislative activities about the rise and fall of the concept such as the relative, rel- atives＇kind, the scope of relatives, the degree of kinship and the family tie, has been in the swing. Therefore, it appears so important to comb the general principles of the volume of relative. On this basis, this paper interprets the fracture between the legislative provisions and the judicial practice in the peri- od of late Qing Dynasty and the Republic of China to restore the general principles of the volume of kinship to true, real reduction the concept of the rela- tives how to changed, which from the traditional time to the modem time.