民法典编纂的碎片化问题

The Fragmentation of the Compilation of Civil Code

在我国,编纂民法典通常被认为是化解现行民事法律碎片化问题的法宝。然而,从民法典编纂的实际情况看,不仅没能解决现行民事法律的碎片化问题,反而使得碎片化问题更加严重。究其原因,主要是民法典编纂并没有摆脱长期以来主导我国民事立法的单行法思路的影响,过度依赖现行民事法律。要解决民法典编纂的碎片化问题,必须谨记编纂民法典的初衷,遵循编纂民法典的原则要求;淡化"两步走"方案,在审议《民法典分编(草案)》时一并考虑《民法总则》的调整;着重解决债法、物权法、人格权等重点领域的碎片化问题。

In China, the compilation of Civil Law is generally considered to be the only way to solve the current fragmentation of existing Law. However, judging from the actual situation of the compilation, it has not only failed to solve the fragmentation of the current law, but also worsened the problem. The main reason is that the compilation of the Civil Law does not get rid of the influence of the one - way approach that has long dominated China's civil legislation and relies excessively on the current civil law. To solve the fragmentation of the compilation of the Civil Code, it is necessary to keep in mind the motive of compiling and follow the principles of the codification of Civil Law;furthermore, dilute the "two - step" program, and consider the adjustment of the General Principles of Civil Law when considering the Subdivision of Civil Code ( draft), and at last, focus on solving the fragmentation of key areas such as debt law, property law and personality rights.