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宣统二年底,大清民律草案脱稿,但未能核定颁布。不久,清王朝覆灭,清末民律编纂成果付诸东流。然而,这样的结局,不仅是时势使然。通过考察民律编修前“民”“刑”概念的分野,朝廷各方对民律的关注和讨论,民律脱稿后朝中的人事变化,民律核议时有关亲权条文的争议,以及报刊舆论的反响,可以呈现修律过程的复杂性,民律的结局是朝中不同意见妥协的结果,不宜简单地以传统与现代、进步与局限来评判。
Xuantong two years later, the draft of the Qing civil law draft, but failed to be approved. Before long, the Qing dynasty collapsed and the results of folk-law compilation were put to rest. However, such an outcome is not only temporary. By examining the differences between the concepts of “civil” and “criminal” before the compilation of civil law, the various parties’ concerns and discussions on the civil law, the changes of personnel in the DPRK after the demystification of the civil law, The controversies over the articles and the repercussions of newspapers and periodicals can show the complexity of the revision process. The outcome of the civil law is the result of the compromise between different opinions in the DPRK and should not be simply judged by tradition, modernity, progress and limitations.