论民法的逻辑表达
李康宁
【期刊名称】《法制与社会发展》 【年(卷),期】2012(018)005
【摘要】Logic is not only the axis of thinking in the civil law family, but also the basic method of the system design and its arrangement. Logic itself is abstract and needs to be expressed by legislative language. Logical thinking and expression have important methodological significance on the macro -design and micro - structure in the civil law. Because many logical contradictions exit in the current civil law in China, they cause the confusion and difficulties in law application, negative consequences to the judicial practice and affect the adjusting function of the civil law and the full realization of the value of the civil law. The fundamental rea- son for this situation lies in the swing legislative ideas and the backward Legislative technique. When compile the civil code, the legislature needs to firmly establish the people -oriented legislation guiding, adhere to the scientific technical route of legislation, enhance the awareness of logical expression, choose the rational mode of institutional arrangements and adopt the appropriate legislative technique rules. In this way, the logic mod- eling of the norms, institutions and systems can be accomplished thoroughly.%逻辑既是大陆法系民法内含的思维轴线，也是制度设计和体系构建应当遵循的基本方法，其
论民法的逻辑表达
