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一、引言改革开放30余年来,我国的法学理论从以苏为师到取法德国,间接乃至直接取乎大陆法系源头理论,在部门法的学说整备和立法活动中都已经形成了相对稳固的基础,中国特色社会主义的法律体系已经形成。尽管在相关领导人讲话中明确了这一法律体系旗帜上的本土性格,〔1〕但由立法过程中重要部门法皆有学者参与和争鸣这一特征可以明显看出欧洲潘德克吞〔2〕及其变种模型在立法技术上的普遍确立。可以说,在法学说和
I. Introduction In the more than 30 years since the reform and opening up, China’s legal theory has taken the Soviet Union as a teacher to take Germany as an example, indirectly or even directly from the source theory of the continental legal system, and has formed a relatively stable position in the doctrine and legislative activities of the departmental law The legal system of socialism with Chinese characteristics has been formed. Although the local character of the banner of the legal system has been clearly defined in the speeches of the leaders concerned, [1] it is clear from the characteristics of the participation and contention of important sectoral laws in the legislative process that both the Pandexun [2] and Its variant model is generally established in legislative technology. It can be said that in law theory and