大国崛起的法治之路——俄罗斯民法典编纂活动及其历史启示

Exploring the Rise of Great Powers from the Perspective of the Rule of Law——On the Preparation of the Russian Civil Law and Its Historical Insights

俄罗斯在其崛起进程中,经历了三种不同的政治制度:专制帝国、苏维埃社会主义和资本主义。同时,它也不断地修正本国的法治理念,特别是从法制到法治的持续性转变。俄罗斯把推进私法的法典化作为一项使命,随着法制精神和理念不断增长,司法经典化成为执政者的治国理念和执政方式。通过对俄罗斯民法典编纂活动的回顾,可以发现俄罗斯大国崛起进程中从法制到法治,从工具主义的民法典编纂理念到本体主义的民法典编纂理念的转变。

In the course of its rise,Russia has experienced three different political systems: the autocratic empire,the Soviet socialism and capitalism.Meanwhile,it has constantly improved its concept of the rule of law.In particular,it has continuously shifted away from improving its legal system towards practicing the rule of law.Russia makes the codification of private laws an important mission.With the growing importance of the spirit and concept of the rule of law,classicalization in the judicial system has become a concept and mode of governing a country for political leaders.A review of the codification activities concerning the Russian civil law leads to the discovery of Russia's shift away from strengthening legal system towards practicing the rule of law and away from the instrumentalist concept of codification of civil law towards the ontological concept of codification of civil law,which accompanied its rising to be a great power.