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随着我国法制体系的不断完善与发展,特别民法日益兴盛,给民法典带来严峻挑战。我国现阶段的民法典体系以潘德克顿模式为基础,具有较强的技术性,特别民法根据其功能的不同可分为政策类型、补充类型、行政类型,如何科学的处理好民法典与特别民法的关系是我国目前所有民法典中亟待解决的问题。本文主要针对民典法与特别民法关系构建进行阐述与分析,以期进一步健全我国法制结构。
With the continuous improvement and development of the legal system in our country, the growing popularity of special civil law has brought severe challenges to the Civil Code. The civil code system in our country at the present stage is based on the Pandecton model and has strong technical features. In particular, civil law can be divided into policy types, supplement types and administrative types according to its functions. How to deal with civil code and special civil law scientifically? The relationship is an urgent problem to be solved in all civil codes in our country. This article mainly elaborates and analyzes the relationship between the Civil Code Law and the special civil law, with a view to further improving the legal system in our country.