论法的安定性与民法法治——习近平法治思想在部门法中的体现

On Legal Certainty and Rule of Law in Civil Law

民法作为法律制度的一部分,对法治有其独特的表达。民法法治即表达了在民法领域实行与实现法治的理想状况。习近平同志曾经指出:"必须全面推进依法治国"。民法部门自然属于"全面"中的一份子。本文的研究即在于从民法这一部门法的视野去观察法治,特别是从法的安定性角度观察。民法法治有其不同于一般法治的特点,在立法、司法以及法律意识的养成和法律文化等方面,都有其特殊性。针对这些特殊性,民法理论与实务可以为法治建设做出自己特有的贡献。法治事业也是民法和其他部门法的事业。因此,开展法治建设的部门法研究,在方法论上也具有更为现实的意义。

As a part of legal system, civil law has its own expression for rule of law. Rule of law in aspect of civil law demonstrates the ideal situation for the execution and fulfillment of legal system in civil law area. Comrade Xi Jinping has said ＂the rule of law should be carried out thoroughly＂, which includes the construction of legal system pertaining to the legal branch of civil law obviously. This essay focuses on issues of rule of law in the perspective of civil law, especially from the view of legal certainty. Thus we can come to the conclusion that rule of law in civil law aspect has its own attributes compared to the general view of rule of law, such as in the aspects of legislation, justice and the nursing of legal consciousness and legal culture. So civil law theory as well as its practices can contribute independently also to the construction of legal system. The entrepreneur of rule of law is also the one of civil law and the other branch laws. Therefore, the research on the construction in the respect of branch laws have more realistic meaning in the methodology.