民法总则规定民事责任的必要性及内容调整

The Necessity and Adjustment of Provisions of Civil Liability in General Principles of Civil Law

《民法总则(草案)》第八章规定"民事责任"是必要的,并非由于《民法通则》统一规定民事责任规则不成功而否定民法总则规定民事责任的必要性,而是对于民法分则各编均须规定各自的民事责任而抽象规定民事责任的一般规则,且为民事法律关系内容"权利-义务-责任"逻辑关系的必然体现。草案规定民事责任的11个条文基本上是好的,逻辑关系清楚,多数条文的设计适当,但也存在较多问题,需要进一步进行内容上的调整。

Chapter 8 of the General Principles of Civil Law （Draft） has provided civil liability, it is necessary. Its necessity should not be denied because the uniform rules of civil liability which are stipulated by General Principles of Civil Law of P.R. China are unsuccessful. Its necessity lies in the followings ： there are separate rules of civil liability in every part of the civil code, therefore, there should he general and abstract provisions of civil liability in the General Principles of Civil Law. Besides, this is the necessary reflection of the logical relations of ＂rights-obligations-liability＂ in civil law. The 11 provisions for civil liability of the Draft are basically reasonable and logically clear, and most of the provisions are appropriately designed. But there are still some insufficiency which needs further adjustment to its content.