Abstract:
Commentary on the
Civil Code contributes to the improvement of the doctrinal and scientific level of China’s science of civil law, integrating the theoretical and practical resources in the academic of civil law; contributes to the construction of the legal confidence of the Chinese nation; at the same time, constitutes the intermediary of equal and friendly contacts with foreign law. In the process of “commentary”, it is necessary to “comment” and “annotate” on various materials such as “legal text”, “legal system”, “legislative purpose”, “objective purpose of legislation”, “theoretical explanation” and “classic cases”; to drives the “comment” with “annotation” and to promotes the “annotation” with the “comment”. At the same time, in selecting the genre of commentary, we should respect the achievements of official and private, theoretical and practical circles, allocate the weight of “comment” and “annotation” appropriately, and give more emphasis on the creation of “annotation genre” oriented to beginners and general readers, such as “student textbooks” and “reading materials for popularizing law”. Therefore, as a heavy work with a long way to go, “commentary on the Civil Code” requires the combination of “legal knowledge community” with the quasi-systematic code, diversified experience of trial and research, and consistent legal methodology, so as to finally realize the doctrinal ideal of “common knowledge” of the science of civil law.