| As the main but peculiar legal source of civil law in the early Republic of China, The Effective Section of the Current Criminal Law on Civil Affairs derived from The Great Qing Current Criminal Law, and had been implemented for over 20 years in the early Republic of China. However, three judicial difficulties remained in the civil trial practices when legislative transformation from the criminal law to the civil one stayed stagnated. First of all, there was no unified and explicit provisions. Secondly, the provisions had not yet been decriminalized. Finally, how did the antique laws and ordinates correspond to the new social circumstances and legal system?Through judgments and interpretations, Dali Yuan clarified the range of The Effective Section of the Current Criminal Law on Civil Affairs and transformed the provisions from criminal rules to civil ones. Meanwhile, through legal interpretation, analogy and concept referral, Dali Yuan not only ensured the proper function of The Effective Section of the Current Criminal Law on Civil Affairs in the judicial practice during the early Republic, but also innovated the code by concept comparison, theory reconcile and the penetration of right concept. The Effective Section of the Current Criminal Law on Civil Affairs is the transformation bridge of Chinese civil legal system, which stretched from the imperial period to 20th century. |
京公网安备11010102006664号 京ICP备2023015853号