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主体性理念是人的主体性要求在法律和文化领域的具体落实,它要求我们在法治化进程中以公民为主体,尊重公民的意志和尊严。本文力图分析主体性理念的内涵、意义,并揭示和论证其成立的理由,考察了其在哲学和法律中的演变以及在当今世界民法体系中的现状。最后,以主体性价值理念为标准,对中国民法中存在的问题进行分析,并提出了改进意见,希望能对我国当前正紧锣密鼓进行中的民法典立法事业有所裨益。
The concept of subjectivity is the concrete implementation of the subjective requirements of the people in the fields of law and culture. It requires that we respect the will and dignity of citizens in the process of legalization by taking citizens as the mainstay. This paper tries to analyze the connotation and significance of subjectivity and reveals and justifies the reasons for its establishment. It examines its evolution in philosophy and law as well as the status quo in the civil law system in today’s world. Finally, based on the concept of subjective value, this article analyzes the problems existing in Chinese civil law and puts forward some suggestions for improvement. It is hoped that it will be beneficial to the legislation of civil code in our country.