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民法主要是调整私人利益的实体规范,它以关心人、保护人的精神安宁为最高准则。民法的本质就是权利法,是公民权利的保障,应体现权利本位,权利是民法的出发点和归宿。民法应赋予民事主体一系列的权利而不是主要规定强制性的义务。在一个公权利发达而私权利相对滞后的社会,应积极培植私权利,提倡以人为本,把权利本位作为民法的价值基础。
Civil law is mainly the adjustment of the private interests of the substantive norms, which care for people, protect the spiritual peace of the people as the highest standard. The essence of civil law is the law of rights, which is the guarantee of civil rights. It should reflect the right standard and the right is the starting point and destination of civil law. Civil law should give civil subject a series of rights rather than the main provisions of compulsory obligations. In a society where the development of public rights is relatively lagging and the rights of private ones lag behind, we should actively cultivate private rights, advocate people-oriented principles and regard rights-based as the value basis of civil law.