当代中国私法进程中的民事立法

民法是私法的核心。民事立法承载着构建私法基本制度和张扬私法理念的使命。改革开放之后，从《婚姻法》、《继承法》、《民法通则》到《合同法》、《物权法》、《侵权责任法》等，基本实现了民事领域“有法可依”的法制目标，张扬了私法自治、私权保障等私法理念，标志着中国私法的进步。然而，历经60余年、四次民法起草，民法典“渐行渐远”，亦表明当代中国私法进程之艰难，中国私法仍在途中!

Civil Legislation in the Process of Private Law in Contemporary China

Civil law is the nucleus of the private law. Civil legislation carries the mission of building the basic system of private law and promoting the idea of private law. From the Marriage Law of the PRC, the Inheritance Law of the People＇ s Republic of China, General Principles of the Civil Law of the PRC to the Contract Law of PRC, Real Right Law of PRC, the Tort Law of PRC, etc, China has basically fulfilled the legal system goals for ＂there are laws to go by＂ in civil territory, promoted the idea of the autonomy of Private Law and protection of personal right, marked the progress of private law in China. However, the Civil Code has trickled away in four times＇ drafting over 60 years, which also shows the process of private law in contemporary China is hard. Chi- nese Private Law, therefore, is still on its way to advance.