中國大陸民法總則的基本特徵及制度適用時的課題

Characteristics of Chinese Civil Code General Rules and Its Issues of Application of Law

眾所周知，民法典不僅是一部基本法律，而且對一國的經濟走向產生深遠的影響。近年，中國大陸民法典制定工作重啟，其總則部分於2017年3月通過。為了便於了解民法總則所處的地位，本文首先將對該制度誕生的背景及特徵進行梳理，使讀者能夠縱覽制定的總體狀況。其次，為了有利於民法總則解釋的順利展開，基於以上整理，本文將對民法總則施行過程中可能出現的問題做一些相關的分析。

As well-known, the Civil Code is a fundamental law of the country and at the same time an important law affecting economic trends. In recent years, the development of the Chinese Civil Code has been resumed, and its general rule was adopted in March 2017.
First of all, in this paper, in order to get a better understanding of the position of the Chinese Civil Code General Rules, I would like to organize the background and characteristics of its birth, and present an overview of it.
Next, in order to contribute to the Application of the general rule of the Civil Code, I would like to take a look at some issues related to legal interpretation that faces after the enforcement of this Act, based on the above arrangement.