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一、如何理解《民法通则》第2条规定:“中华人民共和国民法调整平等主体的公民之间、法人之间、公民和法人之间的财产关系和人身关系。”应弄清楚其中的四个问题: 1.什么是“调整”这里所说的“调整”,是法律用语,指法律对某种社会关系及当事人的地位加以规定,并确定这种社会关系中当事人的权利和义务。即按法律规定,当事人在民事活动中享有什么权利,承担什么义务,允许做什么,不允许做什么,以维护其合法权益,制裁违法行为。 2.什么是平等主体首先,是明确什么是主体。民法所称的主体是指依法享有权利和承担义务的民事法律关
I. How to Understand Article 2 of the General Principles of Civil Law: “The property relations and personal relations between citizens, legal persons, citizens and legal persons in the People's Republic of China on the adjustment of equal subjects should be clarified. Four of them Questions: 1. What is ”adjustment“? The term ”adjustment" as used here is a legal term referring to the law that provides for certain social relations and the status of the parties involved and defines the rights and obligations of the parties involved in such social relations. That is, according to the law, what rights should the parties enjoy in civil activities, what their obligations should be undertaken, what should be allowed to be done and what should not be allowed in order to safeguard their legitimate rights and interests and sanction illegal activities. 2 What is the main equality First of all, it is clear what is the main body. The subject referred to in the civil law refers to the civil law that has the rights and obligations according to law