改革开放以来的中国民法

China's Civil Law since Reform and Opening-up in 1978

改革开放以来,中国民法在价值与体系方面均取得进步,具体表现为人的私法主体地位的逐步确立、私法自治基石性地位的奠定、私人利益与私人权利得以确立并获确实保障、民法的科学性得到长足发展等。不过,现行民法在形式理性化的程度上仍有改进的空间。对中国社会而言,坚持民法的自主性、形式化发展方向具有特别重要的意义。同时,也必须通过保持民法一定程度的开放性来克服形式理性法的某些内在缺陷。

Since reform and opening up was launched in 1978,China's civil law has made progress in terms of both values and systems.Specifically,the status of the individual as the subject of private law has been gradually recognized,the autonomy of private law as the cornerstone of civil law has been established,private interests and rights have been accepted and genuinely guaranteed,and the scientific nature of civil law has developed rapidly.However,current civil law still has some way to go in developing its formal rationality.Upholding the autonomy and formal development of civil law is of great significance for Chinese society.At the same time,it is necessary to preserve a certain degree of openness in civil law to overcome some inherent defects in formal rational law.