On Civil Law Standard ——Philosophic Thoughts on the Past,the Present and the Future of Civil Law

Taking the probe into the pursuit of civil law as the logic beginning of civil law study. Civil law has the character of completion of fusion of value rationality and form rationality formed on the specific tradition. Civil law is nothing but the legal expression form of civil society. Civil law standard is the central task and value standard of civil law, indicating the fundamental guiding ideology and task. Multi-field studies on civil law standard, value and principles individually and contractually have important theoretical significance to richen and develop civil law theory and have practical significance to make, carry out and observe civil law. Modern and contemporary civil law and our country's present civil law should take private subject right as the standard. The standard of private subject individual right of civil law is with the apprehension of the tendency of socialization under some circumstances. But the apprehension is of the second and isn't of the standard, which is decided by the view angle of the private character of civil law. The enactment of Chinese Civil Code should persist in private subject right standard with apprehension of social problems, to choose principles, systems and concrete norms.