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在晚清变法修律的过程中,处于变法修律最前沿的法界人士对民法为规定私人之间的权利义务关系的法律规范这一属性已经有了明确的认识,民法的重要性也已引起了法界人士的注意,他们也已经认识到民法与民事诉讼法是主法与助法的关系,主法宜在助法之先制定。制定中国自己的民法典一定要进行民事习惯调查也是法界人士的共识。此外,在民法的立法宗旨与立法模式上法界人士也已经有较成熟的看法。
In the process of reforming the law in the late Qing Dynasty, the people in the forerunners who are at the forefront of reforming the law have a clear understanding of the legal nature of civil law as the legal norms governing the rights and obligations between private individuals. The importance of the civil law has also been raised They have also noticed that the civil law and civil procedure law are the relationship between the main law and the auxiliary law. The main law should be formulated first by the aid law. The development of China’s own civil code must conduct a civil practice survey is also the consensus of the legal community. In addition, legal persons in the civil law have more mature views on the legislative purpose and legislative mode of the civil law.