论民法与个人、集体的社会结构

Civil law and social structure of individual and collective

民法作为一种社会结构,直接与个人和集体相联系;民法调整的社会关系及其确立的价值与原则,无不涉及个人在社会中的地位,也就是个人与集体或者个人与社会的关系问题;民法首先是一种个人主义的社会结构,这一结构决定了民法及其私有的价值;民法又是一种离不开集体主义判断的社会结构,个人主义及个人利益的实现无不在集体的关系之中;民法是集体社会中的个人主义选择。

Civil law, as a social structure, has direct relationship with individual and collective. The social relationship regulated by civil law as well as the value and principle established by civil law are both related to the social status of individual, in other words, the relationship between individual and collective or individual and society. Civil law is an individualistic social structure first, which decides civil law and its private value. Civil law is also a social structure which can not depart from the judge of collectivism, and the realization of individualism and individual interest are both involved in the collective relationship. Civil law is the individualistic choice in the collective society.