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法系理论始终是比较法学经久不衰的话题。随着文化交流的广泛和深入,影响法系划分的因素更加复杂多样,加之基础理论构建的困难性,法系划分理论始终难以突破现有理论的桎梏。然而,近年来混合法系理论的提出,打开了法系研究新的视角。同时也引发了法学界新一轮的论战。混合法系独立存在与否以及划分的标准是这一场论战的焦点。笔者拟在现有研究成果的基础上,结合国内外的研究动态,对混合法系理论作一个总括性的叙述,力图辨明混合法系理论的有关争议,为法系研究提供新的思路。
The theory of law has always been the subject of more time-honored jurisprudence. With the extensive and in-depth cultural exchange, the factors influencing the division of legal system are more complicated and diversified. Combined with the difficulty of constructing the basic theory, the theory of division of legal system has been difficult to break through the existing theory. However, the introduction of the theory of mixed legal system in recent years has opened up a new perspective of legal system research. It also triggered a new round of controversy in law circles. The existence of mixed law systems and the criteria for division are the focus of this debate. Based on the existing research results and combining the research trends at home and abroad, the author intends to make a general statement on the theory of mixed legal system and try hard to discern the relevant disputes in the theory of mixed legal system and provide new ideas for the study of legal system.