摘要
史尚宽在近现代立法史及法学学术史上有重要贡献和典型意义,但我们对他的生平了解甚少。本文通过回顾和重述史尚宽的生平和立法经历,试图解析几个主要问题:他独特的立法功力最初来自哪里?史尚宽何以成为中国历史上首部民法典起草主将?他在立法上的历史贡献是什么?他有过怎样的挫折遭遇?他究竟是什么性格和类型的法科知识人?
Mr.Shi Shangkuan has made important contributions and established a typical example in modern legislative history and legal academic history of China.However only limited information about his life is available to the public.By reviewing and retelling Mr.Shi's life experience,this paper attempts to analyze several main issues:Where were his unique legislative skills first originated from?Why did Mr.Shi become the chief drafter of the first civil code in China's history?What is his historical contribution to legislation?What kind of frustrations did he experience?What was his character and what type of legal scholar did he belong to?
出处
《地方立法研究》
CSSCI
2022年第1期124-138,共15页
Local Legislation Journal
关键词
史尚宽
立法
现代民事立法
生平
Shi Shangkuan
legislation
modern civil legislation
life experience