艾伦·沃森先生在其《民法法系的演变与形成》中写到“法律主要通过借鉴而发展,就利用最小的资源获得最好的法律而论,一项具体制度发展的捷径就是仿效”。清末之前由于存在没有编纂民法的先例,民事习惯的缺乏等因素,清政府只能将仿效作为变法的主要途径,模仿的榜样锁定为西方列强。沈家本曾向清廷上奏称“日本法系本属支那法系,而今取法于德、法诸国,其国势乃日益强盛……,唯日本特为东亚之先驱,为足以备呈明之采择”。1906年梅谦次郎在访问中 In his “The Evolution and Formation of the Civil Law Law System,” written by Alan Watson, “The law is mainly developed through reference. In terms of obtaining the best law with the least resources, the short cut of a specific institution is Follows ”. Before the end of the Qing Dynasty, due to the existence of no precedent for codification of civil law and the lack of civil custom, the Qing government could only imitate the exemplary imitation as a Western power by using imitation as the main route for change. Shen Jiaben once said to the Qing court that “the Japanese legal system belongs to that legal system and is now taking legal measures in Germany and France. The country is becoming increasingly prosperous... Only Japan is a pioneer of East Asia and it is enough to make a clear choice.” In 1906 Mei Qian Jiro during the visit