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德意志民法学,较之列国法律,尤胜于系统的解释学方法论和精密逻辑体系的有机结合完整有机体——恰得益于此,正义方可贯彻。尤为值得关注的是,教义学在大量个案中的实践。然而不无疑问的是,如此体系之于中国这样拥有独立法律传统的国家,具有多大的借鉴价值?换言之,中国借鉴德国民法学方法论的界限究竟何在?本文介绍了德国民法学及其将个案体系化归纳从而抽象出基本规则的方法论,民法教义学及其基本原则,以及德国民法所面临的诸多影响因素与相应的改变、发展。然而,基础学科的过度专业化和随之而来的对个别基础学科的过分关注是尤为值得警惕的,譬如经济学之于基本民法的讨论和制定的意义。教义学对其基本原则回应的同时,法律体系内的政治社会文化根源应当被重点强调。就德国及其法学方法在多大程度上能够成为中国所借鉴这个问题,不应该仅仅局限于法学方法的接受与否,而在于中国能够从德国法的积极因素以及近年来发展中呈现的消极因素中总结出哪些适合自身法治发展的经验。
German civil law, compared with the laws of other countries, especially the systematic hermeneutic methodology and the system of precise logic organically integrated organism - just because of this, justice can be implemented. Of particular concern is the practice of doctrine in a large number of cases. However, there is no doubt that this system has much reference value to a country like China that has an independent legal tradition. In other words, what is the limit of China’s borrowing from the methodology of German civil law? This article introduces German civil law and its case system Summarizing and abstracting the basic rules of methodology, the teaching of civil law and its basic principles, as well as many of the factors that affect the German civil law and the corresponding changes and development. However, the over-specialization of basic disciplines and the attendant over-emphasis on individual basic disciplines are particularly alarming, such as the discussion and formulation of economics in basic civil law. While the teaching of doctrines responds to its basic principles, the political, socio-cultural roots within the legal system should be emphatically emphasized. The extent to which Germany and its jurisprudence can be borrowed from China should not be limited to the acceptance of jurisprudence but rather to the fact that China can learn from the positive aspects of German law and the negative aspects of its development in recent years Summed up what suitable for their own rule of law development experience.