我国亲属法应当回归未来民法典

Family Law in China Reconsidered as a Component Part of its Civil Code

在我国民法典制定过程中,一个重要的议题就是如何处理亲属法与民法典的关系。这不但会影响到我国民法自身体系的合理化、科学化,影响到它的社会功能发挥,同时也会对我国的亲属立法以及社会亲属关系产生深远的影响。因此,我国未来的民法典应该采用潘德克顿体系,在此基础上,亲属法应该作为民法典的独立一编加以规定,完成我国亲属法向民法典的本源性的回归。

While composing the Chinese Civil Code,an important issue has been raised: how to manage the relationship between Family Law and Civil Code.The question not only decides the rational and scientific building of Chinese Civil Code system itself but also influences its social function.At the same time,it affects the Chinese Family Law and the far-reaching relationship between family and society.Thus,it is suggested that Civil Code in China should adopt the Pandecten legal system in the future.In addition,Family Law should be added as a single provision in Chinese Civil Code so that Family Law could be regulated to its original essence of the Civil Code in China.