民法典编纂是中国法治发展的里程碑。民法典作为社会的基本法,对提升中国的国家治理能力和社会自治能力、促进产权保护和完善市场经济规则、实现个人人格的自由和全面发展都具有重要意义。民法典编纂预计将于2020年完成,其目标是整合现行民事单行法,建构一个有机的法典体系。民法典编纂涉及如何调适社会变迁带来的民事关系和商事关系、中国固有文化和传统与全球化时代的普适规则、中国人的生活经验与民法学理论等难题,立法决断需要智慧,也需要耐心。民法典编纂关涉每个人的生命、生活,为克服专业理性与社会生活的疏离,使民法典完美契合中国人的生活和观念,精准体现时代特征和精神,立法机构应广开言路,最广泛吸纳社会公众的意见。
<<The codification of civil law is a milestone in Chinese legal history. The Civil Code,as a fundamental law of society,is of great significance to enhancing the governance ability of the state and self-governance ability of society,to promoting the protection of property right and improving rules of market economy,and to realizing the freedom and full development of individual personality. The codification of civil law in China is expected to be completed by the year 2020 and its objective is to integration the current separate laws into an organic system of law code. The codification of civil law must answer the difficult question of how to adjust to the changes in various relationships brought about by social changes,such as changes in civil and commercial relationships,the relationship between Chinese culture and tradition and universally applicable rules in the time of globalization,and the relationship between the life experience of Chinese people and civil law theories. The answer to this question requires wisdom as well as patience. The codification of civil law touches upon the life of every individual. In order to overcome the alienation of professional rationality from social life and enable the Civil Code to fit perfectly with the life and ideas of Chinese people and to precisely embody the characteristics and spirit of the times,the legislative organs must encourage the free airing of views and extensively solicit public opinions.
<<Keywords: | Democratic LegislationGeneral Part of the Civil CodeCodification of Civil LawCustomary Law |