Abstract: It is generally believed that the effectiveness of the civil part of the “Current Criminal Law of the Qing Dynasty” was established by the resolution of the Nanjing Provisional Senate on April 3, 1912, but a review of historical data has led to an opposite conclusion. The reason is that the resolution was made by the southern regime and was not recognized by the Beiyang government, so the gap in civil legal sources has not been resolved at the legislative level. The establishment of “The Effective Sections of the Current Law on Civil Issues” is attributed to the Supreme Court which played a legislative role in the judicial process. The establishment of the “first source of civil law” in the early years of the Republic of China roughly went through stages such as the attempt and defeat of passing the “Draft Civil Law of the Qing Dynasty”, the establishment of the legitimate status of “The Effective Sections of the Current Law on Civil Issues” by the Supreme Court, the stripping of the attribute of criminal law of the “Current Criminal Law of the Qing Dynasty”, and the consolidation of its status. Throughout the establishment of the “first source of civil law”, the viewpoint of treating the “Current Criminal Law of the Qing Dynasty” as a combination of different legal branches, which emerged in the late Qing Dynasty, played a crucial role. Based on this viewpoint, the Supreme Court divided the “Current Criminal Law of the Qing Dynasty” into different branch laws, which not only solved the dilemma of lack of a civil code, but also avoided the obstacles that would be encountered if a new civil law was established.