《法国民法典》合同制度改革已经走向深入,成为当前法国民法学界的重大事件之一。保守派和改革派围绕三部改革草案展开的激烈论战,展现出对待《法国民法典》以及由其开创的法国合同法传统模式的截然不同的两种立法思想。是修改还是重立? 三部改革草案给出了不同的答案。改革背景的还原揭示了法国合同法的法典化既是出于法国民法内在的结构性和实体性需要,也与欧洲私法一体化和商业合同国际化的发展密切相关。对三部改革草案及其引发的学术争论进行剖析,可以发现经典的合同自由原则和合同强制力原则正面临深刻的危机。而合同的社会化和人道主义观念催生出对合同有用性、公正性和道德性的规则设计,并导致法官裁量权的扩张。因此,意识形态的冲突成为此次法的斗争的根源。 The reform of the contract system of the French Civil Code has been deepened and has become one of the major events in current French civil law scholarship. Conservatives and reformists fought a fierce debate over the three draft reforms and demonstrated two completely different kinds of legislative thinking on the French Civil Code and on the traditional model of the French contract law. Is the amendment or re-establishment? The three draft reforms give different answers. The restoration of the reform background reveals that the codification of French contract law stems not only from the inherent structural and substantive needs of French civil law but also closely with the development of European private law and the internationalization of commercial contracts. An analysis of the draft of the three reforms and the academic controversy they sparked can reveal that the classical principles of contractual freedom and contractual coercive force are facing profound crises. However, the socialization and humanitarian conception of the contract gave rise to the design of the rules for the usefulness, fairness and morals of the contract, and led to the expansion of the discretion of the judge. Therefore, the ideological conflict has become the source of this law’s struggle.