论文部分内容阅读
由于历史和现实的原因,我国民法法源呈现混乱状态,不仅法定法源与事实法源之间存在冲突和脱节,即使在制定法层面。法律与法律之间,法律与法规之间也往往存在冲突,导致法官、律师等在实务中选择性的适用法律,严重影响了法律的权威性和公正性。针对这一现象,本文试从法源的基本概念入手,结合大陆法系国家民法领域的制定法法源,对我国民法领域现有的制定法法源及其冲突进行反思,并尝试提出破解这一冲突的建议。
Due to historical and realistic reasons, the source of civil law in our country is in a state of chaos. There is not only conflict and disconnection between the source of legal law and the source of de facto law, even at the level of formulation of law. Conflicts often exist between law and law and between law and law, leading to the selective application of law by judges and lawyers in practice, which seriously affects the authority and fairness of law. In response to this phenomenon, this article attempts to start from the basic concept of legal source, combined with the source of the law of civil law in the civil law countries, to reflect on the existing sources and conflict of the enacted law in the field of civil law in our country, A conflict proposal.