20世纪大陆法系民法面临的三大难题

Three Dilemmas Confronted by the Civil Law of Continent Law System in the 20th Century

20世纪以来,随着社会生活的日趋社会化、复杂化,社会法和公法不断崛起并表现出咄咄逼人的气势,大陆法系的民法陷入到个人化与社会化、私法化与公法化、形式化与实质化的三大矛盾之中。在社会法和公法地不断蚕食和进逼下,民法处在进退两难的境地,而这三大矛盾也成为民法必须面对和解决的三大难题。可以说,大陆法系民法在整个20世纪的历史,就是一部如何应对这三大难题的历史。尽管,民法与社会法、公法三者之间的这场大战至今尚未结束,但对于我们正在编织民法典梦想的中国人来说,民法在20世纪的痛苦历程及其发展趋向,无疑是我们迈向法典化的宝贵财富。

Along with the increasing socialization and complexity of social life since the 20th century, social law and public law began to arise steeply and to prosper dramatically, which introduced the civil law of continent law system into three dilemmas, namely, the contradictions between personalization and socialization, between privatization and publication, and between formalization and materialization. Faced with the extension and prosperity of social law and public law, civil law must primarily work out these three dilemmas, which has constituted the whole history of the civil law in the 20th century. Although the struggle between civil law and social law and public law has not come to an end, the experiences and tendencies of civil law in the 20th century have offered Chinese valuable treasures in their path to codification.