我国是否需要民法典?这一问题在尚无民法典的我国并非没有争议。尽管现实表明法典化的主张已占据上风(其最为明显的证据即为法典的制订工作正“不以人的意志为转移”地进行着),但似乎并无太多证据表明当下声势浩大的民法典编纂运动是建立在充分的理论准备基础之上,反对法典者固然未给出具有相当说服力的论证,而极力倡导者亦乏足够的思索。事实上,是否需要法典的问题在我国并不具有原生性,典型者如美国、德国亦经历了类 Does China Need Civil Code? This issue is not without controversy in our country, which has no civil code yet. Although the reality shows that codification has gained the upper hand (the most obvious evidence is that the Codex work is “not carried away by the will of mankind”), but it seems that there is not much evidence that the moment is huge The Codex Civilization Code was based on ample theoretical preparation. Although those who opposed the Codex did not give any convincing arguments, the advocates did not think enough. In fact, the issue of whether or not the code is required is not native in our country. Typical examples are the United States and Germany.