清末民事习惯调查与《大清民律草案》的编纂

有关资料表明,在清末制定民法典的过程中,虽然立法者极为重视本国民事习惯并进行了大量的调查工作,但在当时的条件下,难以将本国民事习惯采纳为成文法。从宣统三年完成的《大清民律草案》来看,本国民事习惯几乎没有对编纂民律草案产生直接影响。

The Investigation of Civil Customs in the End of Qing Dynasty and the Compilation of the Draft of Qing Civil Codea

According to the related documents,in the process of the Civil Code drafting in the end of Qing Dynasty,although the legislators regarded local civil customs very much and made a great lot of investigation of them, it was still difficult to adopt local civil customs as the statute law under the condidons of that time. from the Draft of Qing Civil Code completed in the third year of Xuantong Dynasty, we could see that local civil customs exert little influence to the compilation of the Draft of Civil Code.