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四十年来,我们文化的发展在总体上有一种浓重的大众化色彩。例如,在艺术领域,通俗化文学倍受推崇和倡导,虽然也允许流派的多样化,然而主流还是现实主义,而且这现实主义还须为人民大众所喜闻乐见。风尚所趋,就连芭蕾舞这样的既西洋化又贵族化的货色也不得不去尝试穿着长裤子的民族化形式。在法学与立法领域,也存在着同样的倾向。在废除“旧法统”的同时,旧法中过于专门化与技术化的法言法语也受到了冷落;立法文件力求通俗易懂,文言语句一律变为白话,篇幅也尽可能简短。以民法为例,学究气十足的德国民法典共2,385条,拿破仑设想可以让烛光下的农民阅读的法国民法典也有2,281条,反观我们的民法通则,却只有寥寥156条。其间相差之悬殊,令人不胜感慨。
In the past 40 years, the development of our culture has in general a strong popularization. In the field of art, for example, popular literature is highly respected and advocated. Although it also allows diversification of genres, the mainstream is still realism, and this realism must be loved and loved by the general public. Fashion trends, and even the ballet of both Western and aristocratic goods have to try to wear long pants in the national form. The same tendency exists in the fields of law and legislation. At the same time as the “old law system” was abolished, too much French language with specialization and technicalization in the old law was neglected. The legislative documents sought to be plain and understandable, and the classical Chinese language words were all translated into vernacular and the space was as short as possible. Taking civil law as an example, there are 2,385 German civil codes that are full of academic knowledge. There are also 2,281 French civil codes envisioned by Napoleon to allow peasants under the candlelight to read. On the contrary, there are only a handful of 156 common laws in our country. In the meantime, the disparity between them is extremely emotional.