日台两地民法同属继受法制,于中国大陆影响素深,然细考其继受史,程度、阶段、方法各有不同。日本民法学自重判例研究始即深负美国法色彩,复以法社会学见长,法学方法介乎德美之间。故历数百年,日本民法虽大师辈出,然其混合继受影响法律体系、司法制度之方向,至今犹有未明。中国台湾地区“民法”自法典以至方法,随德国亦步亦趋,然深化德国法之方法,重构法典体系之努力,亦仍有可为。两地“民法”继受史所共同昭示者,在方法之重,胜乎母法,复以体系思维为基,大陆法系继受方能落地生根。 Both civil law in Japan and Taiwan inherit the rule of law and have a profound influence in mainland China. However, they are different from each other in their history, degree, stages and methods. At the beginning of the case study of civil law in Japan, the law of the United States was deeply negative, complex sociology of law was known, and the legal method was between Germany and the United States. For centuries, the Japanese civil law, though masters came forth in large numbers, remains unclear until the mixture continues to influence the legal system and the judicial system. There is still room for improvement in the efforts to reconstruct the codex system from the “Code of Civil Law” and the methods in Taiwan, China and Taiwan. In both places, “civil law” has been jointly declared by history institutes. Based on the method and the mother law, and taking the thinking of the system as the basis, the civil law system can take root and take the place.