“优良家风”入《民法典》的立法理念和当代价值

The Legislative Idea and Contemporary Value of “Good Family Style” Entering the Civil Code

《民法典》将优良家风以法律的形式加以确认,从独立法律部门到回归民法完成法典化进程,完善了我国的婚姻家庭制度,是现代化依法治国不断完善的结果。优良家风以忠孝悌义、赡亲养子、戒奢昌俭、民胞物与、自强不息、家国同构等为核心内涵。优良家风载入《民法典》是促进人的自由全面发展的价值旨归,法律作为道德的底线,通过将道德规范法律化,呼应了德治与法治相得益彰的时代命题,是马克思主义与中华优秀传统文化得以有效结合的良好方式,实现了“家文化”与“法文化”合理融合。

“Civil Code” affirming good family style in legal form, from the independent legal department to the return of civil law to complete the process of codification, improving our marriage and family system, is the result of the modernization of the rule of law to improve the rule of law. The core connotation of good family style is loyalty, filial piety, caring for the family and children, rending extravagance, prosperity and thrift, harmony between the people and their materials, unremitting self-improvement, and family and country integration. The inclusion of good family traditions in the Civil Code is the value objective of promoting the free and comprehensive development of human beings. Law is the bottom line of morality. By legalizing moral norms, it echoes the propositions of the Times that the rule of virtue and the rule of law complement each other, which is a good way to effectively combine Marxism with the excellent traditional Chinese culture and realize the reasonable integration of “family culture” and “legal culture”.