重构民事行为制度体系

TO Rebuild Civil Acts System

法律行为概念作为近代民法理论最为显赫的成就 ,对我国的立法实践有着深刻的影响。然而由于我国法理学和民法学以及其他部门法学共同使用这一概念 ,造成民法中关于法律行为的制度体系和分类标准相互冲突 ,给法学学习和立法实践带来极大不便。本文以民事行为作为统帅全部涉民法行为的总概念 ,尝试对民法中的行为体系进行重构 ,以期能澄清被普遍误解的关于法律行为、民事行为。

The conception of juristic acts, as one of the greatest achievements in the field of civil law theory in modern times, has continuously exerted a deep impact on the legislative practice of our country. However, this conception of juristic acts has been commonly used in jurisprudence, the science of civil law and other branches of law, which results in contradiction among the system and the classification standards of juristic acts in civil law, causes awfully troubles for learning the law and legislative practice. This article, taking civil acts as the chief conception to command all acts related to civil law, attempts to re-establish the acts system of civil law, in the hope of clarifying the conception and theoretical system of juristic acts, civil acts, civil juristic acts as well as factual behaviors, which have been misunderstood commonly.