论民法的历史演进:从市民社会到民族国家

On the Historical Evolution of Civil Law: From Civil Society to Nation State

我国《民法典》出台所产生的深刻影响已初见端倪,其所带来的影响与挑战也在理论和实践中受到广泛关注。对《民法典》的认知、适用和完善,离不开我国所处的法律传统和制度环境。民法的产生与发展孕育于市民社会的运行发展,其现代化又与近代以来的民族国家兴起密切联系。他山之石,可以攻玉,分别以市民社会和民族国家为切入点,对中世纪以来的民法历史演进加以审思,当有益于应对我国《民法典》解读和适用中的现实挑战。

The profound impact of the promulgation of my country’s “Civil Code” has begun to emerge, and the challenges and disputes it brings have also received extensive attention in theory and practice. The recognition, application and improvement of the Civil Code are inseparable from the legal tradition and institutional environment in which our country is located. The emergence and development of civil law were conceived in the operation and development of civil society, and its modernization was closely related to the rise of nation-states in modern times. The stone of other mountains can be attacked. Taking the civil society and the nation-state as the breakthrough point, the historical evolution of civil law since the Middle Ages should be considered, which should be beneficial to meet the practical challenges in the interpretation and application of my country’s Civil Code.