中国传统社会的产权关系虽然错综复杂,却能够以使用权、收益权和处置权予以清晰表达。民国初年江津破产案件的处理,也可以被放置在这一框架里进行阐释。地权、家产及伙贸等产权的分化与制约,导致债务纠纷不断,并对民国初年破产案件的审理和《破产律》的实践,造成极大困扰。为解决矛盾,民国初年的县知事在“无(民)法可依”的司法环境下,创造了遵循传统产权划分习惯的审判逻辑。 Although the property rights relationship in traditional Chinese society is complicated, it can be clearly expressed in terms of usufruct, right to proceeds and disposal rights. The handling of the bankruptcy case in Jiangjin in the early Republican China can also be placed in this framework for interpretation. The differentiation and restriction of property rights such as land rights, property rights and property rights have led to constant debt disputes and caused tremendous distress to the adjudication of bankruptcy cases and the practice of “bankruptcy law” in the early years of the Republic of China. In order to solve the contradiction, the governor of the county in the early years of the Republic of China created the logic of the trial that follows the tradition of dividing the traditional property right under the judicial environment of “no (people) law can be followed.”