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法律行为是源于德国民法的技术性概念,其性质问题在我国民法理论上争论已久。由于受苏联的影响以及我国特定社会背景的需要,在很长一段时期内法律行为合法说成为我国民法理论界的主流观点。随着经济体制的改革,社会的现实需要促使人们重新考察法律行为的“合法性”。在此过程中,为了调和既有理论矛盾,创设了“民事行为”的概念,然而这一概念不仅没有解决问题,反而使人们陷入更深的矛盾之中。
Legal action is derived from the technical concept of German civil law, the nature of which has long been debated in our civil law theory. Due to the influence of the Soviet Union and the needs of our country’s specific social background, legal acts have been lawfully said to be the mainstream point of view of China’s civil law theory circles for a long period of time. With the reform of the economic system, the reality of society needs to urge people to reexamine the “legitimacy ” of legal acts. In this process, in order to reconcile the existing theoretical contradictions, the concept of “civil conduct” has been created. However, this concept has not only failed to solve the problem but has driven people into deeper contradictions.