我国民法调整对象主流学说的重新审视

"平等说"和"商品关系说"是我国民法调整对象的主流学说,二者都是继受前苏联民法调整对象学说的结果。我国的"商品关系说"遵循了前苏联法的逻辑,即从价值规律出发来阐述民法存在的必要性和当事人的平等。"平等说"与"商品关系说"具有内在一致性。在否定民法是私法的历史条件下采纳这两种学说,是民法学界为在实质上为民法赢得地位,又能不至于引起思想大动荡的一种智慧之举。"商品关系说"固然具有一定的局限性和片面性,但是,从历史合理性和人的需求角度来评价该学说,学术批评才可能具有"客观性"和"历史性"。

Reviewing the Mainstream Theories on the Adjusting Object of the Civil Law of PRC

"Subjects with equal status" and "commodity relations" are the main theories in terms of adjusting object of the civil law.Both of them are influnced by the theory established by former Soviet Union.The thory of "commodity relations" follows the thoughtway of former Soviet Union which explains the necessity of civil law and the equal status of subjects from the perspecitve of the law of value.Two theories are coherent in nature.Under the particular historical background,when civil law could not be recognized as private law,two theroies put forward by scholars won status for civil law without arousing turbulent disputation,which was a stoke of genius in deed.Although the Thory of "commodity relations" has its limitations and one-sidedness,only judging the theory by taking its historical background and the need of man into consideration,can acdemic criticism be subjective and of historic significance