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我国民法典的制定已经到了关键时刻,法典作为大陆法系国家的立法最高成就无疑受到极大的关注。纵观世界各国民法典的编纂过程,其社会基础无疑成为我们应该关注的焦点。本文指出民法典制定是一项庞大的系统工程,仅仅有法律文本不能说法典化的任务已经完成,法律在于最终实现与否,法典只有有其实现的社会基础才有制定的内在合理性。
The formulation of the civil code of our country has come to a crucial moment. As the highest legislative achievement of the civil law countries, the Codex undoubtedly receives great attention. Looking at the codification process of civil codes in various countries in the world, its social foundation will undoubtedly become the focus of our attention. This article points out that the formulation of civil code is a huge systematic project. Only the legal texts can not be said that the task of codification has been completed, the law is finally realized or not, and the code only has the inherent rationality of establishing social foundation for its realization.