一个科学的法律体系不仅要科学而且要合情合理,能适应社会不断发展变化而提出的新要求。合同,作为一种法律技术手段,超越公法与私法的界限,在现代社会的各个法律部门中均得到不同程度的运用,使法律更加灵活地适应社会的需求,发挥着巨大的作用。从合同调整方法的作用入手,将其具有普适价值的部分上升到超过合同法的现有位阶,即使整个法律体系既满足逻辑要求,又能灵活适应社会发展。 A scientific legal system is not only scientific but also reasonable and adapts to the new demands put forward by the constant development and changes in society. Contract, as a kind of legal and technical means, transcends the boundary of public law and private law, has been applied to different degrees in all legal departments of modern society, and makes the law more flexible to meet the needs of the society and plays a huge role. Starting from the role of the contract adjustment method, the part with its universal value has risen beyond the existing level of the contract law, even though the entire legal system can not only meet the logic requirements but also adapt flexibly to social development.