典权制度在近代的立法状况及价值分析

The Legislation and Value Analysis of the System of Dianquan in Modem China

在近代民法史上,典权制度经历了一个曲折的过程:从“一草”的只字未提,经“二草”虽然列有专章,但与不动产质权相含混,到民国民法典将其明确的表述为用益物权为止。考察典权制度在近代的立法状况,关注其命运变化,分析其存在的独特价值,也许能为当前中国的法制建设提供一些借鉴。

The system of dianquan has experienced great changes in modem China' s civil law. At first,it wasmistaken as real estate system and omitted by law ma kers. Then,law makers began to attach importance to it andput it formally in lat er civil law, but the real nature of the system of dianquan was still misunderst ood. Finally, thecivil law of the Republic of China made the system clear and pe rfect. By studying its legis leation in modem China and the value analysis,we ca n see the necessity of rebuilding the system of dianquan at present.