论文部分内容阅读
自从新中国成立以来,法律界的有识之士便开始呼吁民法典的制定,五十年来我国民事立法取得长足的进步,在统一《合同法》制定以后,《物权法》与《侵权责任法》又在2007年和2010年正式颁布实施,从而使得人们对于民法典的出台更加翘首期盼。因此有关民法典的制定和其如何编排也成为了法学界的一大热门话题。本文正是基于此,从法历史学,法哲学和法社会学的角度来说明现阶段就算出台任何形式的民法典,也只是达到形式上的统一民法,而还没有真正领悟到民法的精髓,也不可能在短期内把民法中的民主思想植根于中华大地上。
Since the founding of New China, people of insight in the legal field have started to call for the formulation of the Civil Code. Since the establishment of the Contract Law of the past 50 years, the “Property Law” and the “Law of Tort Liability” have made great strides. In 2007 and 2010, it was officially promulgated and implemented so that people are more eagerly anticipating the promulgation of the Civil Code. Therefore, the formulation of the civil code and how to arrange it have also become a hot topic in the legal circle. Based on this, this article shows that from the perspective of legal history, legal philosophy and sociology of law, even if any form of civil code is introduced at this stage, it only achieves the formal unification of civil law and has not really comprehended the essence of civil law, It is also impossible to root the democratic thinking in civil law into the land of China in a short period of time.