民法本位纵论——对民法过去、现在和未来的哲学思考

On Civil Law Standard ——Philosophic Thoughts on the Past,the Present and the Future of Civil Law

民法本位即指民法的中心任务和价值标准,从一定意义上讲,民法本位就是民法最核心的价值,而民法原则则是民法本位价值取向的外在形式。民法本位的基础包括民法的经济基础、社会基础、政治基础、文化基础、人性基础等。运用哲学论与实践论的方法及结合民事立法实践,构建具有中国特色的民法典体系、原则、制度和具体规范。

Taking the probe into the pursuit of civil law as the logic beginning of civil law study. Civil law has the character of completion of fusion of value rationality and form rationality formed on the specific tradition. Civil law is nothing but the legal expression form of civll society. Civil law standard is the central task and value standard of clvll law, indicating the fundamental guiding ideology and task. Muhi-field studies on civil law standard, value and principles individually and contractually have important theoretical significance to fichen and develop civil law theory and have practical significance to make, carry out and observe civil law. Modem and contemporary civil law and our country＇ s present civil law should take private subject fight as the standard. The standard of private subject individual fight of civil law is with the apprehension of the tendency of socialization under some circumstances. But the apprehension is of the second and isn＇ t of the standard, which is decided by the view angle of the private character of civil law. The enactment of Chinese Civil Code should persist in private subject right standard with apprehension of social problems, to choose principles, systems and concrete norms.