临界点视阈下民法典继承编基本原则之建构
发布时间：2018-10-15 13:32
【摘要】：囿于我国现行继承法对基本原则表述的文本性缺失,学界对继承法基本原则的存在形式、内容取舍与条文表述等产生了巨大争议。在法典化态势下,继承编基本原则的建构事关法典形式理性、继承本体存在之证成与政治国家之预防。继承编基本原则的建构应以继承权本体为实质取舍标准,以"线性"逻辑进路为技术支撑,并辅之以继承法律制度的临界点为制度基准,以此在继承线性法律关系的动态化模型下形成"保护私有财产继承权"和"养老育幼"的二原则体系并贯穿于整个继承法律制度,从而在桥接民法基本原则之时形成私法体系内部的板块区分效应。
[Abstract]:Due to the lack of textual representation of the basic principles in China's current inheritance law, there are great controversies in academic circles on the existence of basic principles of inheritance law, the choice of contents and the expression of articles. Under the situation of codification, the construction of the basic principle of succession compilation is related to the formal rationality of the code, the proof of the existence of inheritance ontology and the prevention of political state. The construction of the basic principle of succession compilation should be based on the Noumenon of inheritance as the essential criterion, the "linear" logic approach as the technical support, and the critical point of the succession legal system as the system benchmark. In this way, under the dynamic model of inheritance linear legal relationship, the two principle systems of "protecting private property inheritance rights" and "providing for the aged and raising children" are formed and run through the whole inheritance legal system. Thus, when bridging the basic principles of civil law, it forms the plate differentiation effect within the private law system.
【作者单位】： 西南政法大学民商法学院;
【分类号】：D923
，
本文编号：2272706
[Abstract]:Due to the lack of textual representation of the basic principles in China's current inheritance law, there are great controversies in academic circles on the existence of basic principles of inheritance law, the choice of contents and the expression of articles. Under the situation of codification, the construction of the basic principle of succession compilation is related to the formal rationality of the code, the proof of the existence of inheritance ontology and the prevention of political state. The construction of the basic principle of succession compilation should be based on the Noumenon of inheritance as the essential criterion, the "linear" logic approach as the technical support, and the critical point of the succession legal system as the system benchmark. In this way, under the dynamic model of inheritance linear legal relationship, the two principle systems of "protecting private property inheritance rights" and "providing for the aged and raising children" are formed and run through the whole inheritance legal system. Thus, when bridging the basic principles of civil law, it forms the plate differentiation effect within the private law system.
【作者单位】： 西南政法大学民商法学院;
【分类号】：D923
，
本文编号：2272706
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