民法总则制定需处理好的若干重大问题

The Significant Problems which Need to be Solved in the Process of Making the General Principle of Civil Law

党的十八届四中全会作出编纂民法典的重大决定。立法工作机构从实际出发,确定了"两步走"的编纂工作思路,第一步首先制定民法总则。作为分则的抽象和概括,民法总则制定过程中必将涉及众多重大理论问题。选取六个方面的问题,在梳理不同观点的基础上,着重从立法和法律适用角度给出建议,以求对民法总则制定有所助益。

In the decision of the fourth plenary session of eighteenth, the party has decided to compile the civil law code. The legislative affairs commission then made out a ＂two- steps＂ plan to complete this work. The first step is to make the general principle of civil law. Since the general principle was the abstraction of the concrete articles, it very complicated, and also refers to some fundamental civil law theories. The article picked up six controversial problems and set forth his opinions in the perspective of the legislative and judicial affairs. That may be conductive to the civil law code.