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民法本位问题在我国众说纷纭。但几乎所有的论说都不是仅仅揭示民法本位的内涵,而更多的为了探讨民法应以什么为本位。本文对社会本位论提出质疑,认为社会本位不能作为民法的立法标准和价值取向,我国民法应当坚持权利本位,个人权利的实现在我国当前的社会运行中应受到尊重。以权利本位为标准来架构民法典的体系,实现更准确执法,透过民法精神来规约民事行为。
The issue of the standard of civil law has many different opinions in our country. However, almost all the arguments are not just to reveal the connotation of the civil law standard, but more in order to explore what the civil law should be based on. This article challenges the theory of social norms, that the social standard can not be regarded as the legislative standard and value orientation of civil law, and our civil law should adhere to the right standard. The realization of individual rights should be respected in the current social operation of our country. Taking the right standard as the standard, the system of civil code is constructed to achieve more accurate law enforcement and to regulate civil acts through the spirit of civil law.