The so -called episodes of civil law，It is the point of view that treats civil law as a tool for simply adjusting economic relations。The Romans acknowledge that there are two sections of civil law and law，The former is related to the existence of people (to be)，The latter is related to ownership (to have)，The view of the civil law of the gramaticism should remove the part of the person who does not act as the main body of property rights in the previous section，Only the part of the existence of only the main body of property rights，Keep a section at the same time。

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The earliest outlook on civilian civil law was produced in Italy。Scholars of the country Jane Domenico Romagnosi in 1832 published "The Necessary Research on Political Economics and Civil Law"，Said: "I dare to predict through the power of meditation，At this time, it is coming: all the principles of all public economy are simplified into fixed rules to become civil law，It is considered as sacred like civil law，In other words，Civil law and public economics will be regarded as two branches of the same science。"This article tells us，The main purpose of the view of the civil law of the civilian law is to achieve the merger of political economics and civil law，To meet the needs of capitalist industrial civilization，and maintain the smooth operation of modern economic relations。

German scholar Heinrich Dankwardtt on the view of civil law in the civilianism。He divides the law into the wrong、Fake、wrong or real，The criteria for evaluation are the national economy。The method of evaluation is to delete the observation method，Observe the impact of deleting a certain law on the national economy。No doubt，Family law cannot pass the door of such evaluation，The inheritance method is the same。1866，Russian scholar Peter Chitovic (пётр павлович цитович) Translate the book "Research on the National Economy and Civil Law", which expresses the above perspectives into Russian，The title Bet365 lotto review is changed to "Civil Law and the National Economy"，This translation is published in St. Petersburg。1867，Peter Takjv，It is said that he first proved that most legal norms are only products of economic specifications。

It is recommended by Kitovic and Takchov，Graphic Civil Law view enters Tsarist Russia。Kavilin (константин дмитриевич кавелин кавелин) calls civil law "law about material value"，or "about things、Method of service and material value "。So，The entire family law should exclude civil law，Because it has nothing to do with ownership，It has nothing to do with creditor's rights，It has nothing to do with the legal relationship arising from inheritance。Miye (дмитрий иванович мейер) also said，Civil law can be defined as a study about the legal relationship of property，or science on property rights。Tsarist -Russia's civil law view is not limited to theoretical discussion，I also got a legislative practice。1873，Professor Valtazar Bogi (I ■), a professor at the University of Odessa, was invited by the Prince of Kuroshan Prince Nicholas Poplovic，Coupled by the Tsar Emperor Yaoshan University II，Time -consuming 16 years of drafting the "Black Mountains' General Property Code"，Among them, it does not contain the content of any personal law。

The establishment of the Soviet regime after the success of the Revolution in October 1917。March 1921，The Communist Party of China decided to formulate the Civil Code。This job is completed within 3 months，Mainly use the theoretical and talent resources left by the Tsarist Russian period。Gehbar Geg (александр григорьевич гойхбарг) mainly undertakes this job。He advocates using the "Economic Law" to replace the term "civil law"。So，The civil code he drafted excluded the family law，I barely retain the inheritance method，It is the first economy -oriented civil code in the history of the compilation of the World Civil Code。1923，Gehbar Geiger published the "Economic Law of the Russian Soviet Federal Republic of Socialist Republic: Civil Code (bet365 best casino games Volume 1)"。Its structure is exactly the same as the structure of the "Soviet -Russian Civil Code"，It is indicated that Gehbar Gagger really equates the Civil Code with the Economic Code。

other，In Muslims、Many of the legislative legislation of Soviet Russia and Latin American law，Family Law is independent of civil law，In addition to the reasons for the rejection of the civil law view of the civil law，Also related to some scholars' specialty of family law。For example，Antonio Cicu, a Italian scholar, thinks，The reason for the existence of the family is the same as the reasons for the existence of the country，All impose a goal that surpass his own personal conscience，This is organically combined with the main body of the number，This characteristic of the family makes it not suitable to become the object of the private law。But the family law is also independent of public law，Because the family does not represent collective interests。So，Family Law belongs to the third legal department。

　　Civil Law Outlook

Practice and reflection in our country

After the founding of New China，my country has published three Chinese translations of the 1922 "Soviet -Russian Civil Code"，Introduction to the view of the civil law of the Chineseism。1954-1957，When we drafted the Civil Code for the first time in our country，Basically copied 1922 "Soviet and Russian Code"。1964，The "trial draft" of the second drafting of the Civil Code in my country is divided into three compilations: the first editor is "General Principles"，The second code is "All of the Property"，The third editor is "Circulation of Property"。Where，Family Law and inheritance Law are excluded。1982，The "draft" of the second drafting of the Civil Code in my country is divided into seven babies，But only increased intellectual property and inheritance right，It is also a simple property code。

In terms of theory，Guo Shoukang and Tong Rou advocated in 1957，Social relationships that are affected by the laws of value of civil law and affected by the law of value and distribution of labor，This is a typical view of the law of the property of Soviet -style civil law。1979，佟 Rou proposed bet365 best casino games the viewpoint of adjusting the relationship between the commodity of civil law，Far -influence in the academic circles。1986 The General Principles of the Civil Law embodies the point of view，Article 2 of the Law，Civil law adjusts equal subject citizens、Between legal persons、The property relationship and personal relationship between citizen and legal person。But，Because in addition to property relationships，The General Principles of the Civil Law also stipulate，and set "personal rights" in the chapter of "civil rights"。This means that personality rights and family laws are within the scope of the Civil Law General Principles。

This "culvert" is the research results of the academic circles in my country after the reform and opening up。Italy in the birthplace of the view of the civil law view，Its civil code is completely humanistic，Personal Relationship Law is considered as a matter of granted by the adjustment of the property relationship.。Hometown, the hometown of Dankewater, Germany，Its civil code also includes family law and inheritance law，But after being placed in the property law, it was adjusted。Only Russia in the hometown of Kavilin and Miye，The Outlook of Graphic Civil Law still reflects it in legislation，That is the marriage and family law independent of the Civil Code。But the independence of its marriage and family law occurred after the promulgation of the "General Principles of the Civil Law"，And Russian civil law is no longer the main object of our academic circles。It can be said，"General Principles of Civil Law" opened the process of de -propertyization of civil law in my country。

I proposed a plan formulated by the new humanistic codes in 2001。2003，Wang Liming proposed the proposal of personality rights to be independent in the future civil code。From this，Humanities' civil law view gradually develops in our country。2017，The first chapter of the Civil Code of my country "General Principles of the Civil Law" promulgated，Its regulations: Natural persons of equal subjects in civil law、The personal relationship and property relationship between the legal person and the illegal organization。Bet365 app download This article forms a couple with Article 2 of the General Principles of the Civil Law in 1986，Take personal relationship as the first adjustment object of civil law，Is the official announcement of the de -propertyization of civil law。2020，my country's "Civil Code" promulgated，Among them, the new personality editor，Welcome to marriage and family editor。After these legislative adjustments，my country basically bid farewell to civil law adjustment of economic relations tool theory。

　　The residual impact of the view of the civil law view

Affected by the residual influence of the view of the gramatic civil law，"Outlook on Civil Law of Sale Law" centered on commodity exchange，It is still reflected in my country's "Civil Code"。It equates the attributes of the sales contract with the attributes of the entire civil law，I committed a logical error with a comprehensive definition。

First，Article 2 of the Civil Law of the Civil Law of my country Civil Law is limited to the subject of equality，contradictory with Article 128 of the Civil Code。The latter requires a minor、Elderly、Disabled people、Women、Consumers' five types of groups take care of special laws。It can be said，The limitation of the equal subject is to exclude the family method、It is easier to get it after the inheritance method，and after these two major civil law branches return to the Civil Code, it seems uncoordinated，Because the family law is the weak protection method，Inheritance method is the law of the strong person to take care of the weak。Second，my country's "Civil Code" Although the concept of objects，But mainly refers to labor products，The target of the sale method does not include inheritance, etc.，It does not include "Hope" or "Opportunity"。Therefore, the "Civil Code" does not specify to shoot the lucky contract，Can't cover the widespread futures and derivatives trading today。Last，"Civil Code" basically still understands the contract as a tool for exchange products and services，Most of its 19 types of typical contracts have this attribute，Although it specifies a gift contract with economic attributes，But it has not stipulated bet365 live casino games that the use of borrowing contracts that reflect the relationship between members of the public and social members、Union contract, etc.。

Correspondence with the residual impact of the gramism in legislation，There are still many scholars who think so far，"Civil Code" is the basic law for adjusting the market economy。Can't say that this theory is not based on。October 23, 2014，The "Decision on the Central Committee of the Communist Party of China on the Governance of the Country in comprehensively promoting the rule of law" by the Fourth Plenary Session of the Eighteenth Central Committee is a decisive document for restarting the compilation of the Civil Code of China，The reason for the compilation of the Civil Code it provides is "Strengthening the Construction of Market Legal System"。but，my country's "Civil Code" finally compiled the personality rights，This undoubtedly shows that the legislators do not understand the function of the Civil Code based on the adjustment of the market economy，Is a transcendence of the view of the civil law of the civilianism。

　　Active aspects of the view of the civilian law

Look at it comprehensively，The impact of the view of the civil law on civil law is not completely negative，There are also some positive aspects。It can be said，Civil law maintains its own after the impact，and draw nutrition from the only gramism。

On the one hand, it is reflected in methodology。Since the French Code of the French Code, the Natural Methods have been adopted。Natural law is understood as divine law，People get the principle of basic civil law based on it，Then interpret a set of rules system，Therefore, it does not regard civil law as a reflection of social and economic reality。On the contrary，Trymalism regards civil law as a person's determination，It is a reflection of socio -economic reality，and can be used in these reality，This methodology is more correct。

On the other hand, it is reflected in the content。Roman law and its followers look at labor，Basically do not use labor concepts，So there is no concept of labor products，The corresponding concept is interest，It is understood as a gift of nature rather than the results of human labor。Trymalism advocates the combination of civil bet365 live casino games law and economics，Labor is the basic concept of modern economics，The success penetration of these concepts to civil law was the "labor" independent compilation of "labor" in the "Italian Civil Code" in 1942。and 7 times in my country's "Civil Code" stipulates the labor ability of natural persons，19 times of product concept，Prove that Chinese legislators have regarded the main body of nature as workers，The main things they use are mainly used as labor products。

The last thing I want to say is，Family Law returning to the Civil Code is really good，But without fully demonstrating the homogeneity of homogeneity of civil law and family law，A little bit of color returning to the laxative of the "Civil Code" for the "Civil Code"，If you can return on the basis of the independence of the family law of Qiku before refuting,，Maybe better。

　　(The author is a professor at the School of Law of Xiamen University)