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我国源远的历史长河中,只在近代1929年中华民国时期才有一部正式的民法典。新中国建立后,一直在探索建立我国的民法典。由于历史的原因,我国民法典制定有过中断,拨乱反正后,民法典的制定再次提上日程,现在虽易数稿,至今没有落定。我国民法比起刑法很不发达,与西方国家的近代民法典问世相比则落后了至少二百多年。本文从中西方法发展的视角以期更好地察看、理解我国民法典的制定情况。
In the long history of our country, only an official civil code was established during the Republic of China in 1929. After the founding of new China, it has been exploring the establishment of China’s civil code. Due to historical reasons, there has been an interruption in the formulation of the civil code in our country. Once the order is disarmed, the formulation of the civil code has once again been put on the agenda. Although it is easy to make a few drafts now, it has not been settled yet. Compared to the underdeveloped criminal law in our country, our civil law lags behind the advent of the modern civil code in the West for at least 200 years. This article from the perspective of the development of Chinese and Western methods in order to better look at and understand the formulation of our civil code.