欧洲法是一部关于法律多元主义的发展史。早在中世纪的欧洲,罗马共同法就已吸纳了罗马法、教会法以及地方法的多种元素。当下欧盟法也糅合了官方和非官方规则,从而形成多元的法律格局。借助欧洲私法整合运动,相应的“欧洲私法共同原理”和示范法取得了一定的法源地位。然而欧盟政界不仅没有很重视这些非正式法源,反而割裂了“欧盟法”与“欧洲私法共同原理”的内在联系。另一方面,各种示范法文本在促进私法融合的同时也加剧了私法的分歧,因此学者需要进一步提高文本的逻辑性和协调性。 European law is a history of the development of legal pluralism. As early as medieval Europe, the Common Law of Rome had absorbed many elements of Roman law, ecclesiastical law and local law. The current EU law also combines the official and unofficial rules, thus forming a pluralistic legal structure. With the integration of European private law movement, the corresponding “European Common Principles of Private Law” and the Model Law have gained some legal status. However, not only are the EU politicians paying so little attention to these informal sources of law, they are actually cutting off the internal relations between the “EU law” and the “common principle of private law in Europe.” On the other hand, all kinds of texts of the Model Law also promote the divergence of private law while promoting the integration of private law. Therefore, scholars need to further improve the logic and coordination of the text.