改革开放以来,中国民法在价值与体系方面均取得进步,具体表现为人的私法主体地位的逐步确立、私法自治基石性地位的奠定、私人利益与私人权利得以确立并获确实保障、民法的科学性得到长足发展等。不过,现行民法在形式理性化的程度上仍有改进的空间。对中国社会而言,坚持民法的自主性、形式化、理性化发展方向具有特别重要的意义。同时,也必须通过保持民法一定程度的开放性来克服形式理性法的某些内在缺陷。 Since the reform and opening up, China’s civil law has made progress in both value and system. The concrete manifestation is the gradual establishment of the dominant position of private law, the establishment of the cornerstone of the private law of autonomy, the establishment of private interests and private rights and the guarantee of their actuality. The scientific nature of the civil law Get rapid development and so on. However, the current civil law still has room for improvement in the form of rationalization. For Chinese society, it is of special significance to uphold the autonomy, formalization and rationalization of civil law. At the same time, it is also necessary to overcome some inherent shortcomings of formal rational law by maintaining a certain degree of openness in civil law.