改革开放以来,我国法制现代化的发展进程有了长足的进步,但随着具有中国特色的社会主义市场经济体制的建立、发展和完善,我们越来越紧迫地面临着是否要进行与商品经济相适应的私法体系建设的问题。对此法理学界进行了广泛的讨论,其结果没有一个明确的界定。马、恩在其历史巨著《德意志意识形态》中第一次对私法作了系统、明确的阐述。本文是在对其中法律思想研究的基础上,拟就马、恩对私法的产生、制约因素、历史继承性以及私法关系的历史规律性等问题作一番考察和研究,并在此基础上对我国是否需要建立私法体系作扼要的回答。 Since the reform and opening up, great progress has been made in the process of the modernization of the legal system in our country. However, with the establishment, development and improvement of the socialist market economic system with Chinese characteristics, we are facing more and more urgent problems of whether we should carry out economic reforms related to the commodity economy The problem of adapting the construction of private law system. This jurisprudence has been extensively discussed and the results have not been clearly defined. For the first time, Ma and Grace systematically and explicitly elaborated on private law in his historical great German ideology. On the basis of the study of the legal thoughts, this article intends to make some investigations and studies on the emergence and restriction of private law by Ma and Engels, the historical inheritance and the historical regularity of the relationship between private law and the like, and on this basis, Whether China needs to establish a system of private law as a concise answer.