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民法虽为自治法,但也存在一定的强制性规范。我国现行民法中的强制性立法规范依然存在许多不合理之处,如条文冗杂、强制程度较高以及部分规范词不当等。只有对民法的强制性立法规范进行科学合理配置,才能使民法真正适用于民众。本文主要分析我国民法的强制性立法规范的现状和原因,并提出了一些实质性的建议,希望有助于提升民法强制性立法规范的质量。
Although civil law is the law of autonomy, but there are some mandatory norms. There are still many unreasonable reasons for the compulsory legislative norms in the current civil law in our country, such as the complicated provisions, the high degree of compulsion and the improper standardization of some norms. Only when the compulsory legislative norms of civil law are scientifically and reasonably configured can civil law really apply to the people. This article mainly analyzes the current situation and reasons of the compulsory legislative norms of civil law in our country and puts forward some substantive suggestions in the hope of helping to improve the quality of compulsory legislative norms in civil law.