The so-called materialistic view of civil bet365 champions league，It is the view that civil bet365 champions league is regarded as a simple tool to adjust economic relations。The Romans recognized two parts of civil bet365 champions league: human bet365 champions league and physical bet365 champions league，The former is about human existence (to be)，The latter is about having (to have)，The materialistic view of civil bet365 champions league must cut off the part in the previous section that does not exist as the subject of property rights，Only the part where people exist as the subject of property rights，Also retain the latter section。

　　The historical origins of the materialistic view of civil bet365 champions league

The materialistic view of civil bet365 champions league first emerged in Italy。The country’s scholar Gian Domenico Romagnosi published an article “On the Necessity of Combining the Study of Political Economy and Civil bet365 champions league” in 1832，Said: "I dare to predict through the power of meditation，The time will eventually come when all principles of the public economy are reduced to fixed rules and become civil bet365 champions league，and considered as sacred as civil bet365 champions league，In other words，Civil bet365 champions league and public economics will be regarded as two branches of the same science。”The article tells us，The essence of the materialistic view of civil bet365 champions league is to achieve the merger of political economics and civil bet365 champions league，To adapt to the needs of capitalist industrial civilization，And maintain the smooth operation of modern economic relations。

German scholar Heinrich Dankwardt went further in the materialistic view of civil bet365 champions league。He divided the bet365 champions league into wrong、Fake、False or true，The criterion for evaluation is the national economy。The evaluation method is to delete the observation method，To observe the impact of deleting a certain bet365 champions league on the national economy。Without a doubt，Family bet365 champions league cannot pass the door of such evaluation，The same is true for inheritance bet365 champions league。1866，Russian scholar Peter Chitovich (Пётр Павлович Цитович) translated Dankvoort’s book "Research on National Economy and Civil bet365 champions league" in which he expressed the above views into Russian，Title changed to "Civil bet365 champions league and National Economy"，This translation was published in St. Petersburg。1867，Peter Tkachev (Пётр Никитич Ткачев) spoke highly of Dankvoort in his book review for "Civil bet365 champions league and National Economy"，Said he was the first to prove that most legal norms are simply the product of economic norms。

Recommended by Chitovich and Tkachev，The materialistic view of civil bet365 champions league entered Tsarist Russia。Kaverin (Константин Дмитриевич Кавелин) called civil bet365 champions league "the bet365 champions league about material values"，or "About things、The bet365 champions league of Services and Material Value”。So，The entire family bet365 champions league should be excluded from civil bet365 champions league，Because it has nothing to do with ownership，Not related to claims，Not related to the legal relationship arising from inheritance。Meyer (Дмитрий Иванович Мейер) also said，Civil bet365 champions league can be defined as the study of human property legal relations，Or the science of property rights。Tsarist Russia’s materialistic view of civil bet365 champions league is not limited to theoretical discussions，Also got a legislative practice。1873，Professor of Odessa University Valtazar Bogi?觧i■) Invited by Prince Nikolay Petrovich of the Principality of Montenegro，And approved by Tsar Alexander II，It took 16 years to draft the "General Property Code of the Principality of Montenegro"，It does not contain any personal bet365 champions league content。

　The Soviet regime was established after the success of the October Revolution in 1917。March 1921，The Communist Party of the Soviet Union decided to formulate a civil code。This work will be completed within 3 months，Mainly using the theories and human resources left over from the Tsarist Russia period。Göykhbarg (Александр Григорьевич Гойхбарг) is mainly responsible for this work。He advocates replacing the term “civil bet365 champions league” with “economic bet365 champions league”。So，The Civil Code he drafted excluded family bet365 champions league，The inheritance bet365 champions league is barely retained，It is the first economic bet365 champions league-type civil code in the history of world civil code compilation。1923，Goichbarg published the book "Economic bet365 champions league of the Russian Soviet Federative Socialist Republic: Civil Code (Volume 1)"。The structure is completely consistent with the structure of the "Soviet Russian Civil Code"，Shows that Goichbarg really equated the Civil Code with the Economic Code。

In addition，In Muslim bet365 champions league、Many legislative examples of Soviet Russian bet365 champions league and Latin American bet365 champions league，Family bet365 champions league is independent of civil bet365 champions league，In addition to being rejected by the materialistic view of civil bet365 champions league，It is also related to the special nature of family bet365 champions league advocated by some scholars。For example，Italian scholar Antonio Cicu thinks，The reason for the existence of the family is the same as the reason for the existence of the country，It is all about imposing a purpose beyond oneself on an individual's conscience，Thus organically combining the plural subjects，This characteristic of the family makes it unsuitable to be the subject of private bet365 champions league。But family bet365 champions league is also independent of public bet365 champions league，Because the family does not represent collective interests。Therefore，Family bet365 champions league belongs to the third legal department。

　　Materialist view of civil bet365 champions league

Practice and reflection in my country

After the founding of New China，Our country has published three Chinese translations of the 1922 Soviet Civil Code，Introduced the materialistic view of civil bet365 champions league。1954-1957，When our country first drafted the Civil Code，Basically copied the 1922 Soviet Civil Code。1964，The "trial draft" of my country's second draft of the Civil Code is divided into three parts: the first part is "General Provisions"，Part 2 is “Property Ownership”，The third part is "Transfer of Property"。Among them，Family bet365 champions league and inheritance bet365 champions league are excluded。1982，my country’s second draft of the Civil Code is divided into seven parts，But only intellectual property rights and inheritance rights are added，Also a simple property code。

In doctrine，Guo Shoukang and Tong Rou advocated in 1957，Civil bet365 champions league adjusts ownership relations and social relations affected by the bet365 champions league of value and distribution according to work，This is a typical Soviet-style view on the legalization of property under civil bet365 champions league。1979，Tong Rou puts forward the view that civil bet365 champions league adjusts commodity relations，Profound influence in the academic world。The 1986 "General Principles of Civil bet365 champions league" partially reflects Tong Rou's views，Article 2 of the bet365 champions league，Civil bet365 champions league regulates the relationship between citizens who are equal subjects、Between legal persons、Property relations and personal relations between citizens and legal persons。However，Because it is outside the property relationship，The "General Principles of Civil bet365 champions league" also stipulates that personal relationships are the second object of adjustment in civil bet365 champions league，And set up a "Personal Rights" section in the "Civil Rights" chapter。This means that personality rights bet365 champions league and family bet365 champions league are within the scope of the "General Principles of Civil bet365 champions league"。

This kind of "containment" is the result of the research of Chinese academic circles learning from Western civil bet365 champions league after the reform and opening up。In Italy, the birthplace of the materialistic view of civil bet365 champions league，The Civil Code is completely humanistic，It is taken for granted that the personal relations bet365 champions league is adjusted before the property relations bet365 champions league。In Dankvoort’s hometown Germany，The civil code also includes family bet365 champions league and inheritance bet365 champions league，It’s just been adjusted after the property bet365 champions league。Only in Kaverin and Meyer’s native Russia，The materialistic view of civil bet365 champions league is still reflected in legislation，That is, the marriage and family bet365 champions league is independent of the civil code。However, the independent establishment of its marriage and family bet365 champions league occurred after the promulgation of the "General Principles of Civil bet365 champions league" in our country，And Russian civil bet365 champions league is no longer the main reference object for our academic circles。It can be said，The "General Principles of Civil bet365 champions league" started the process of de-propertyization of my country's civil bet365 champions league。

In 2001, the author proposed a plan to use new humanism to govern the formulation of my country’s civil code。2003，Wang Liming proposed that personality rights should be included in an independent chapter in the future Civil Code。From now on，The humanistic view of civil bet365 champions league is gradually developing in our country。2017，The first chapter of my country's Civil Code, "General Principles of Civil bet365 champions league", is promulgated，Article 2 stipulates: Civil bet365 champions league regulates natural persons as equal subjects、Personal relations and property relations between legal persons and unincorporated organizations。This article is in conflict with Article 2 of the 1986 "General Principles of Civil bet365 champions league"，Place personal relationships as the first adjustment object of civil bet365 champions league，It is the official declaration of de-propertyization of civil bet365 champions league。2020，Promulgation of my country’s Civil Code，Including a new section on personality rights，Welcoming marriage and family series。After these legislative adjustments，Our country has basically bid farewell to the tool theory of adjusting economic relations in civil bet365 champions league。

　　The residual influence of the materialistic view of civil bet365 champions league

Influenced by the residual influence of the materialistic view of civil bet365 champions league，“Civil bet365 champions league view of sales bet365 champions league” centered on commodity exchange，still reflected in my country’s Civil Code。It equates the attributes of the sales contract with the attributes of the entire civil bet365 champions league，Committed the logical error of generalizing。

First，Article 2 of my country’s Civil Code states that the regulatory objects of civil bet365 champions league are equal subjects，Contradictory to Article 128 of the Civil Code。The latter requires treatment of minors、Elderly、Disabled、Women、These five groups of consumers are taken care of by special laws。It can be said，The limitation of equal subjects excludes family bet365 champions league、It is easier to get proof after inheritance bet365 champions league，After these two branches of civil bet365 champions league returned to the Civil Code, they seemed inconsistent，Because family bet365 champions league is a bet365 champions league to protect the weak，The bet365 champions league of inheritance is the bet365 champions league of the strong taking care of the weak。Secondly，Our country’s Civil Code adopts the concept of things，But it mainly refers to the products of labor，The subject matter of the sales bet365 champions league does not include intangible objects such as inheritance，Nor does "hope" or "opportunity"。Therefore, the Civil Code does not provide for a shooting contract，Cannot cover the widespread futures and derivatives trading today。Finally，The Civil Code still basically understands contracts as instruments for the exchange of goods and services，Most of its 19 types of typical contracts have such attributes，Although it stipulates a gift contract that does not have economic attributes，But there is no provision for a use and loan contract that reflects the mutual assistance relationship between members of civil society、Meeting contracts, etc.。

Corresponding to the residual influence of materialism in legislation，Many scholars still believe that，The Civil Code is the basic bet365 champions league for adjusting the market economy。It cannot be said that this theory is completely unfounded。October 23, 2014，The "Decision of the Central Committee of the Communist Party of China on Several Major Issues Concerning Comprehensively Promoting the Rule of bet365 champions league" reviewed and approved by the Fourth Plenary Session of the 18th Central Committee of the Communist Party of China is the decisive document for restarting the compilation of China's civil code，The reason it provides for compiling the Civil Code is to “strengthen the construction of the market legal system”。But，Our country’s Civil Code finally includes personality rights as an independent chapter，This undoubtedly shows that legislators understand that the function of the Civil Code is not limited to adjusting the market economy，It is a transcendence of the materialistic view of civil bet365 champions league。

　　Positive aspects of the materialistic view of civil bet365 champions league

A comprehensive view，The impact of the materialistic view of civil bet365 champions league on civil bet365 champions league is not entirely negative，Also has some positive aspects。It can be said，Civil bet365 champions league maintains itself after the impact of materialism，And drew nourishment from materialism。

On the one hand, it is reflected in methodology。The natural bet365 champions league method has been adopted since Roman bet365 champions league until the French Civil Code。Natural bet365 champions league understood as divine bet365 champions league，The principles by which people obtain basic civil bet365 champions league，Then deducing a system of rules，Therefore, civil bet365 champions league is not regarded as a reflection of social and economic reality。Opposite，Materialism regards civil bet365 champions league as man-made bet365 champions league，It is a reflection of social and economic reality，And can react on these realities，This methodology is more correct。

On the other hand, it is reflected in the content。Roman bet365 champions league and its followers despised labor，Basically do not use the concept of labor，So there is no concept of labor products，The corresponding concept is interest，It is understood as a gift of nature rather than the fruit of human labor。Materialism advocates the combination of civil bet365 champions league and economics，Labor is the basic concept of modern economics，The successful penetration of these concepts into civil bet365 champions league was the independent inclusion of "labor" in the Italian Civil Code in 1942。my country’s Civil Code stipulates the labor ability of natural persons seven times，19 times using product concept，Proof that our country’s legislators regard natural persons as mainly workers，Consider the things people use mainly as products of labor。

The last thing I want to say is，It is indeed a good thing that family bet365 champions league returns to the Civil Code，However, the homogeneity of civil bet365 champions league and family bet365 champions league has not been fully demonstrated，A bit like returning in confusion to free ride on the introduction of the Civil Code，If it can be returned on the basis of refuting Qian Yinqiku’s reason for the independence of family bet365 champions league，Maybe better。

　　(The author is a professor at Xiamen University bet365 champions league School)