论我国未来民法典总则编的结构设计

On the Structure Arrangement of the Future Civil Code in China

对于如何确定民法总则的结构主线,有法律关系、法律行为以及民事权利等立法模式可供选择。从权利关系的逻辑结构和发展顺序、民法总则的体系性和概括性以及权利理念的弘扬等方面考虑,应选择权利作为我国未来民法典总则编的结构主线。

Considering how to fix the basic structure ideas of the General Rules of Civil Law, there are some legislation models including Legal Relationship, Legal Act, and Civil Rights for making choices. This article suggests that rights should be the basic structure idea for the General Rules of the future Civil Code in China, which is based on the considerations of the logical structure and the development order of rights relationship, the system and generalization of the General Rules of Civil Law, and the spread of right ideas. Accordingly, the article offers some suggestions for rectifying some imperfection of the arrangement of General Rules of the current draft of Civil Code.