略论制定民法典的指导思想

本文从考察中国民法典编纂的学术争鸣入手,阐述法学界对于制定法典意见的分歧的根本原因乃是民法典制定指导思想的不明确,文章着重从六个方面对中国制定民法典的指导思想进行论证分析。

Guiding Thought of Making Civil Code

At present lawmakers in lawmaking fields pay much attention to the hotspot about the making of civil code. But there are many different attitudes to how to make a reasonable and practical civil code. The fundamental reason is the ambiguity of the guiding ideology. In order to reach the identical viewpoint in academe, the guiding ideology must be unified first. By reflecting on the theory of making the civil code as well as their evolvement both at home and abroad, the guiding ideology of the civil code making in our country should include six idiographic aspects.