刍议近代大陆法系私法理念及影响

A Tentative Study on the Private Law Concept of Modern Civil Legal System and Its Effect

中世纪后期,随着商品经济的发展和市民阶级的壮大,启蒙运动兴起。以自然法为基础的启蒙思想家要求保护资产阶级私人财产权,通过私法自治实现市场运作、资本主义经济发展。在建立政权后,资产阶级更是以私法自治为立法思想,确立了自由平等、契约自由、所有权保障等民事法律原则。以法国、德国民法典为代表的大陆法系民法典,在法规内容、立法思想、编撰体例等方面对各国产生了巨大影响。近代中国民事立法、民法现代化进程处处可见大陆法系的影响。私法理念对于当今我国民法典的制定及民事立法仍有许多可借鉴之处。

In the late of Middle Ages, with the development of commodity economy and increasingly strong residential social class, the illuminative thinking had arisen. Illuminative thinker based on natural law demanded to protect the personal porperty of the bourgeoisie and to achieve the market operation and capitalism economical development by private law autonomy. After the regime was established, bourgeoisie regarded private law autonomy as legislative thinking and built some civil legislative principles of freedom and equality, freedom of contract, ownership assurance and so on. “France Civil Code” and “Germany Civil Code” were representatives of the civil law, which took great effects to every country from legislative contents, thinking, compiling system and other aspects, especially to modem Chinese civil legislation and civil law modernization. Today we also still learn from private law concepts on the compiling of civil law code and civil legislation.