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民法通则存废问题所面临的最大挑战,乃是“时机”与“法理”之间的深刻纠结,需要更为理想的解决方案和更具智慧的机制创新。10月底,民法总则草案进入二审程序,标志着该法的出台已进入倒计时。民法总则的基本立法路径是,立足现行民法通则等历史遗产,确立民事活动的基本原则和一般性规则。尽管民法总则在很大程度上可称为民法通则的升级版,但具体设计却多有更新和突破。因而随着该法即将出台,必须对民法通则的命运提前做出安排,否则必然埋下法律适用冲突的隐患。但目
The biggest challenge facing the general rule of civil law lies in the deep tangle between “timing” and “legal principle,” which calls for more ideal solutions and more intelligent mechanisms for innovation. By the end of October, the draft General Rules for Civil Law entered the second instance procedure, marking the countdown to the promulgation of the law. The basic legislative path of the General Principles of Civil Law is to establish the basic principles and general rules of civil activities based on the historical heritage such as the General Principles of Civil Law. Although the general rules of civil law can be largely regarded as an upgraded version of the general rules of civil law, there are many new and breakthrough specific designs. Therefore, with the imminent promulgation of the law, arrangements must be made in advance for the fate of the General Principles of Civil Law, otherwise the hidden dangers of conflict of law application must be laid. But head