市民社会及其理念——市民法的基石

市民社会是个历时性的概念。它经历了等同于政治社会,与国家/政治社会相分野,区分于国家、经济的文化领域等几个时期。各时期有着不同的价值理念,即市民社会的理念。由市民社会—市民社会的理念—市民法的理念—市民法这一线索可看出,市民社会及其理念对市民法及理念起着基础作用。民法典的编纂过程中应吸纳西方市民法固有品格,进而推动市民法及其理念在中国的根植。

Civil Society and Its Idea: The Foundation Stone of Civil Law

The concept of civil society has different ideas in different periods. It has gone through several periods, in which it was equated with the political society, separated from the country/political society, or as a cultural community distinguished from the economy and state. In different periods, civil society has different ideas of values, i.e. the idea of civil society. From the clue of the civil society to the idea of civil society, then to the idea of civil law and the civil law, one can find that civil society and its idea serve as the foundation stone of civil law. The Civil Code should absorb the inherent character of Western civil law so as to help the civil law and its idea take root in China.