Translated Title
Theoretical Debates on the Codification of Civil Law in Modern China——~Concurrent Discussion on the Enlightenment to the Compilation of the Civil Code in China
Translated Abstract
During the process of codification of civil law in modern China, the academia of civil law launched a heated debate about the legal origin of civil law , the nature of the advertisement offering a reward, the nature of the pawning right, retention or abolition of the family system and the succession to the headship, women' s inheritance rights, etc. These debates are related to the interpretation of the civil provisions trans- planted from the west, or related to the reading of Chinese inherent civil law, or related to the retention or abo- lition of Chinese inherent law In the field of family law and inheritance law. In the debate, scholars have ques- tioned the above specific questions, fully expressed their "legislative concerns" and "knowledge care" of some fundamental problems in the process of codification of civil law. Reviewing these theoretical debates today, we can find that it can provide a lot of inspiration to China' s current civil code compilation.
Translated Keyword
China in Modem Times
The Codification of Civil Law
the Compilation of Civil Code
the Inherent Law of the Civil Law
Theoretical Debate