《大清民律草案》摭遗

About the Ching Civil Code

现有资料的发掘和最近搜集所得的新资料表明,清末编订民律草案是一个艰难而又曲折的过程,经历了修订法律权之争、拟订《编纂民法之理由》(草稿)与确定编纂计划、开展民事调查与编订民律草案条文稿,以及编订《大清民律草案》说明稿的几个事件。清末政治形势日益紧迫致使当时的修订法律馆不可能按照既定的立法计划进行编订,最终完成的《大清民律草案》也难免存在着一些严重的缺陷。

According to the historical materials already found and the recent new materials, it was a hard and complicated course of drawing up the Draft of Civil Code at the end of Ching Dynasty, which experi- enced many incidents such as the disputes of the power of law revision, the drawing up of the draft of the reasons for the codification of civil law, the design of the codification plan, making civil investigations, drawing up the draft of civil code and the explanation to it. However, the situation at the end of Ching Dynasty made the related bureau unable to codify the civil code according to the above - mentioned per- fect legislation plan, as a result of which there inevitably existed some serious defects in the Draft of Ching Civil Code finally achieved.