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十八届四中全会指出,我国应着手制定民法典。对此,我国民法学界对于制定一部属于我们中华民族自己的民法典的呼声越来越高。我国民法典的制定已经讨论了几十年,但仍旧未能就制定问题达成一致。从党的十五大提出建设法治国家以来,建设一个民主、富强、法律制度健全的有中国特色的社会主义国家一直是我们党和政府努力的目标。为了建设法治社会,有法可依、法制健全是必不可少的条件,而民法典正是我国法治社会的基础。德国、法国、日本都是有成文民法典的国家,其民法典的编纂均不同程度上对其本国的法治建设产生影响,而其中的历史经验,无疑是值得我们学习的。
The Fourth Plenary Session of the 18th CPC Central Committee pointed out: Our country should proceed with the formulation of a civil code. In this regard, China’s civil law scholars for the development of a part of our own Chinese people’s civil code has become increasingly louder voice. The formulation of our civil code has been discussed for decades, but it still fails to reach an agreement on the formulation of the code. Since the 15th National Congress of the Communist Party of China proposed building a state under the rule of law, it has always been the goal of our party and government to build a socialist country with democracy, prosperity, and sound legal system. In order to build a society ruled by law, there are laws to follow, and the soundness of the legal system is an indispensable condition. Civil Code, on the other hand, is the foundation of our rule of law society. Germany, France and Japan are all civilized countries. The compilation of their civil codes affects, to varying degrees, the rule of law in their own countries. The historical experience undoubtedly deserves our study.