对于债法总则的存废问题,自上世纪佟柔教授而起,引发数次论战,几十年无休无止,然此时正值民法典出台之际,债法问题再度掀起热潮,学者、立法者以及社会各阶层重视程度前所未有,社会形势之利“不见古人”。于是乎,笔者也希望为民法典的修订略尽绵力,藉此本文将通过对现有学术理论的评析,进而阐述观点。同时本文也立足于从债的概念、债法总则的适用性等方面进行分析,旨在论述设立债法总则编的必要性与可行性,进而提出制度设计构想。 Since the last century, Professor Tong softly started to cause controversy over several decades. At this time, just as the promulgation of the Civil Code, the issue of debt law once again started a boom. Scholars , Lawmakers and all sectors of society are paying more attention than ever before, and the social situation’s advantage is “not seen by the ancients.” Ever since, I also hope that the amendments to the Civil Code to make modest efforts, this paper will be through the evaluation of the existing academic theory, and then expounded the point of view. At the same time, this article also bases on the concept of debt, the applicability of the general principle of debt law and so on. The purpose of this article is to discuss the necessity and feasibility of the establishment of the general rule of debt law, and then put forward the concept of system design.