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民国以来,学者在考察、反思清末修律活动时,均认为《大清民律草案》未能充分吸纳本土民事习惯并对此多有批评。如曾亲历清末修律的法学家江庸后来评论道:“前案(指前清法律馆修订之民商法草案)多继承外国法,于本国固有法源,未甚措意,如民法债权编于通行之‘会,物权编于‘老佃’、‘典’、‘先买’,商法于‘铺底’等全无规定,而此等法典之得失,于社会经济消长盈虚,影响极巨,未可置之不顾。”~①1923年杨元洁在为《中国民事习
Since the period of the Republic of China, scholars have considered and rethought the law-abiding activities in the late Qing Dynasty. They all think that the “draft law on the Qing court” failed to fully absorb local civil customs and criticized it more. For example, Jiang Yong, a jurist who had witnessed the practice of law in the late Qing Dynasty, commented: “The former case (referring to the draft of the Civil and Commercial Law amended by the Qing court of the former Qing Dynasty) inherited foreign law more than its original source of law. There are no provisions in the passage of the passage, property rights in ’old tenancies’, ’canonies’, ’first buy’, commercial law in the ’undercover’ and so on, and the gains and losses of such codes in the socio-economic decline and surplus affect Extreme, can not be ignored. ”~ ① 1923 Yang Yuanjie in the" Chinese civil practice