潘德克吞立法模式的当代价值与我国民法典的模式选择

The Contemporary Value of Pandekten Legislative Mode and Legislative Options of Our Country Civil Code

潘德克吞立法模式为《德国民法典》所首创,并为大陆法系许多国家民法典制定所效仿。潘德克吞立法模式之所以被众多国家所效仿,是因为其概念化、逻辑化和体系化的优势可以补充大陆法系民法在司法实践中的不足。潘德克吞体系在21世纪的今天依然有其价值。我国在未来民法典的制定中应顺应传统,借鉴并采取潘德克吞立法模式。

Pandekten legislative mode had been used in the German Civil Code in the first time , from then on, many continental law countries had followed this mode. The reason why Pandekten legislative mode had been emulated by many countries is its advantage about conceptual, logical and systematic can supplement the deficiency in judicial practice of civil law coun- tries . Pandekten legislative mode still has its value in the 21st century. We should conform to the traditions, accept it as our country civil code legislation mode in the future.