民初法人制度與廟產制度結合初考

Evolution of Temple Property's Legal Status from 1911 to 1925

廟財產向為我國固有法所規範，但法律地位始終未能得以明確。固有法中的定義缺位，導致從司法改革以後，在民國初年的立法司法實踐中，廟產的法律地位始終居於不確定狀態。作為一種在司法實踐中無法迴避的問題，廟產最終逐件通過判例取得其在立法中無法明確的法人地位。其間涉及的定義演變將以本文作初步討論。

Legal status of temple property had never been clearly defined in ancient Chinese law, which posed a serious notional problem to jurisdiction and legislation in the course of legal reformation at beginning of the 20th century. And the political disturbance during the period of the Republic of China made it impossible to solve the problem through formal legislation. However, legal status of temple property, s an inevitable controversy, has finally found its way to settlement through numerous judicial precedents, in which a legal person has emerged and been identified through jurisdiction. The evolution of the whole thing is a long process, which deserves a careful study, and this is where the article sets out.