民法典：國家治理體系現代化的保障

民法在國家治理體系的構建和運行中發揮著重要作用。私法自治的理念，有助於有效激發市場主體的活力與創造力，推動社會財富的創造與增長。以此為根基的從正面清單管理模式向負面清單管理模式的轉變，反映出私法自治原則在國家治理體系中的地位和作用。保障私權，有助於構建基本的市場經濟秩序，是實現國家治理體系與治理能力現代化的基本要求。《民法典》所確立的絕大多數制度，包括主體制度、物權制度、合同制度、侵權制度、婚姻家庭制度等都與國家治理體系密切關聯，是實現國家治理體系現代化的重要載體和具體體現。正確解釋和適用《民法典》，充分發揮《民法典》在國家治理體系中的作用，是未來民法理論與實務的重要任務。

Civil law, the most important part of private law, plays a critical role in the building and operating of China s system for governance. Autonomy in private law helps to effectively stimulate the vitality and creativity of market players as well as promote the creation and growth of social wealth. The status and role of this important principle are reflected by the transition from a management model to a service one. The protection of private rights, which contributes to building the basic market economic order, is a fundamental requirement for advancing the modernization of China s system and capacity for governance. Closely related to the system for governance, most of the systems established in the Civil Code, including rules concerning natural person and legal person, property law, contract law, torts, marriage and family law, also serve as important carriers and embodiments of the modernization of China s governance system. It is important to correctly interpret and apply the Civil Code and to give full effect to its role in China s system of governance in the future.