私主体权利本位论——民法论坛一新说

民法本位是民法的中心任务和价值标准。近、现代民法本位未变,即都是私主体权利本位,只是现代民法带些社会化倾向。近、现代民法及中国现今民法当以私主体权利为本位。申明民法私主体权利本位,并非不顾及有些情况下的社会化倾向,只不过这些“顾及”是为次的,不为本位的,这是由民法的私法性视角所决定的。唯有如此,民法作为私法的主干才可与社会法、公法之社会、国家本位性视角相制约、相抗衡,达成整个法律体系的和谐平衡。

Theory of Private Subject Right Standard——A New Theory in the Forum of Civil Law

Civil law standard is the central task and value standard of civil law. The standard of modern and contemporary civil law hasn't changed, ie.it is the private subject right standard,but contemporary civil law is with the apprehension of the tendency of socialization . Modern and contemporary civil law and our country's present civil law should take private subject right as the standard. Saying the standard of private subject right of civil law isn't without the apprehension of the tendency of socialization under some circumstances. But the apprehension is of the second and isn't of the standard, which is decided by the view angle of the private character of civil law. Only in that way, can civil law which is the main part of private law restrict and contend with the view angles of social and state standard of social law and public law, to reach the harmonious balance of the whole legal system.