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拥有五千年文明历史的中国,绝大多数时间都处在封建社会之中,法文化的发展也深深地刻下了历史的烙印,自然而然刑罚就成为维护封建王朝的工具,规范老百姓之间关系的准则,因而很早中国就建立了一整套刑法体系,于此相比,由于各种原因规范老百姓民事权利的民法的产生与发展就比较滞后,本文主要从清朝末期《大清律民法典》,到现代我国《民法典》的产生和发展的角度,探究中国民法的法文化的脉络。
China, which has a history of 5,000 years of civilization, spent most of its time in the feudal society. The development of French culture has also profoundly carved the mark of history. Naturally, the penalty has become a tool for safeguarding the feudal dynasty and standardizing the relations among the common people Therefore, China established a set of criminal law system very early. Compared with this, the emergence and development of civil law that regulates the civil rights of ordinary people lags behind. The paper mainly analyzes the Civil Law of Qing Dynasty from the Qing Dynasty, From the perspective of the emergence and development of the modern Civil Code of China, we can explore the context of the legal culture of Chinese civil law.