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一个国家应采取哪些渊源,应该是从保障民法实体内容合理化的目标来考虑,这些法律的渊源必须反映合理立法的特点。我国自清末以来主要继承了大陆法系得成文法系统,民法除了在一定范围内承认国家政策和习惯的法律渊源地位外以制定法为唯一正式的法律渊源。判例虽在司法实践中也发挥着作用,但目前尚不承认其法律渊源地位。理论界对判例法制度引入我国,作为我国的法律渊源出现了很多争议。
What national origin should be taken into consideration should be considered from the perspective of ensuring the rationalization of civil law entities. The origins of these laws must reflect the characteristics of reasonable legislation. Since the end of the Qing Dynasty, our country has inherited mainly the civil law system of civil law. Civil law, besides establishing the legal origin status of national policies and practices within a certain scope, is the only formal source of law. Although the jurisprudence plays a role in judicial practice, it does not yet recognize its legal status. Theorists have introduced the case law system into our country, and there have been many controversies as the legal sources of our country.