Abstract: There are two major problems that exist in the origin of current civil judicature in China, namely whether or not the scope of the current law-origin is scientific and if it meets the pragmatic judicature practice in China, and how to determine the application level when different law-origins clash in the real practice. This article compares the Chinese law-origin with that of other countries, concluding that in the process of current civil code drafting, the research and discussion of these two problems should be emphasized, and solutions should be made when the Civil Code is enacted.